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Greetings Soc,

Just read the moving out of state thread. Curious about a couple things re my own case.  My case is in WA state, RE: Relocation of the child. Temp order granting the move, Temp parenting plan, are in place. I went Pro se.

I have had a letter drafted to the judge in my case sitting  on the computer (never mailed) requesting him to explain his ruling. It has been 18 months since his temp. order was signed.

I timely filed an objection to the move, and my declaration supporting my objection. Service of process was also timely.

The other parties lawyer verbally motioned I believe it was for a summary judgment, based on the fact that I did not timely file a motion to 'Restrain the move', and that based on the info before the court, he believed the court would rule in favor of the move at trial. This judge ruled in his favor, granting a move to VA.

This particular judge is pretty hard on Pro se litigants as a rule, unless you have all your ducks in a row and follow procedure to the letter. If you do present your case well, and don't miss anything, he is fairly impartial.

In the past, I've seen this judge give advice/suggestions to lawyers and involved parties re their case. In my relocation of the child case however, he basically slammed the door in my face.



My questions:

1.  After all this time, can I still request "findings and conclusions" re the judges ruling?

2.  Could I have verbally motioned to 'restrain the move' in the court room at the time of the hearing?

3.  If  #2 is yes, did the judge have any obligation to inform me of my right to do so?

4.  If  #3 is yes, would that be abuse of discretion?


Thank you for your time and knowledge.

Thank You. :)

Greetings Soc,

Thank you, and very good advice as always. You are a wealth of helpful knowledge and a Godsend to us folks that need legal advice but don't have a Lawyer on retainer.

Re your response to my queries:

1. What form should the statement from mom be in? (IE, bracketed format that is used for court doc's, or informal as in a letter form?)

2. Should the case number be included?

3. If the formal bracketed format is needed, what would you title the doc?

4. The PP would have to be amended or re-written, support orders amended/changed. When should these changes be considered?

Thank you for your time.

Greetings Soc,

My case currently is about a relocation of the child gone bad. My (almost 11 year old) son was moved 2,700 miles away 18 months ago, and I have not seen him since. I objected to the relocation, but lost the fight because I failed to file a motion to restrain the move.

The mother has been in contempt re failure to mediate, interfering with visitation and not making the child available for our phone visits.

I have slowly been putting a case together to address these issues, and was also going to seek custody of my son. I have detailed phone records of over 30 missed visits, taped statements from my son re his treatment and living situation.

Everything mom said in her declarations in support of the relocation, and those of her friends were not true, and time has proven that. My son's step father can't stand him. Mother's marriage is on the rocks and she has literally been living downstairs with my son for almost 3 months.  

My son hates his school, homelife, etc. A very bright, gifted, articulate child, the school is already talking about failing him this year. He almost did last year, but went to summer school. He has only his mom there, all other family and loved ones are here. He told me he feels unloved by his mom, and thinks about running away all the time.

 

Currently, my son's mom wants me to write her a letter stating that I want our son to live with me. If I write her she will do the legal paperwork and put him on a plane. This has been relayed to me by my son...mother won't talk to me. He said she wants a letter and an email won't do.

I kind of feel like she's jerking us around again. She told my son to call me and ask me if I wanted him just over a year ago, and the next day told him no way would she let him live with me.

I am thinking of just moving forward with my plans to seek custody myself. At present, we have a Temporary PP, and WA state has jurisdiction.

Questions:

1. Are the declarations of a party (re relocation) considered as changable  circumstances? (IE, stated advantages, conditions, etc.)

2. Do you see a significant change of circumstances here?

3. Is there an emergency order which I can seek for immediate return of the child?

4. Considering the mom's offer, how would you proceed with this?

Sorry this is long...but it is really a much longer story.

Thank you for your time.

Thank you!

First post disappeared into cyberspace again!

Greetings Soc,

I have the ball rolling on a child support modification. The support office (in another county) sent the paperwork to the prosecutor of that (other) county.

All of the proceedings in this case have taken place in the county in which the mother, our child and I reside. The support order was signed in 'our' county.

Doesn't the county where the order was signed have jurisdiction, and the matter be heard there?

Thanks

 

Thank you!

 
Hello Soc,

I'm new here, and tried to post this question a few minutes ago...but it seems to have disappeared! If it re-appears some how, I'm not spaming...it would just be a "blundering newbie" mistake.

I have a "Temporary Parenting Plan" in effect that was signed in Superior court, August of '04. It contains no wording stating it's duration.

My question:

Can this "Temp" plan become permanent without another hearing on the matter? I'm in WA state.

Thanks

 

First of all, you're talking about missing a day of first grade. It's not final exams for crying out loud! Geez. My sons mom keeps him out of school 6-8 days a year just to do stuff on a school day. (6th grade now)

I think if the CP had offered alternate/makeup time, he most certainly would have mentioned it to make the NCP appear that much more self serving.

The whole thread was laced with him seeking out ways to get at the NCP. (CPS action and contempt of court)

He even mentioned that the NCP knew the day before his request for early return about the weather, and was still refusing. So why didn't he talk about the risks before the visit commenced? You said yourself that the forecast was in place several days before.

Maybe the NCP is a real jerk, we don't know her side. The CP however seems much more focused on getting the NCP in trouble than looking out for the kids IMHO.

And didn't he post Tues. without mention of what the outcome was re the prior weekends visit?

Well said.