Requesting a continuance

[Crockpot]

I have a court date on 2/22 requesting a change in my parenting time.  I am NCP.  We share legal.  Our divorce only states 'liberal' parenting time and my ex has become increasingly difficult to deal with.

I'm requesting (what I think is) very reasonable time.  EOW, alternating holidays, one night a week and her driving 50% of the time.    I'm also asking for attorney fees.  We've been going back and forth since last March.  She refused to do any of the driving and wants the kids for 10 hours if their birthdays fall on my time.  We tried mediation until my ex cancelled the last appointment.  Ex had an attorney but fired him several months ago.  And has failed to respond to several letters from my attorney.

In a conversation I had with my ex tonight she warned me she was going to request a continuance in court on the 22nd.  Her basis is she hasn't been able to afford to retain another attorney.  She has not indicated that anything in her circumstance will change to allow her to afford an attorney in the near future.  In fact she told me she's spending her tax return to move.      

1.  In your opinion is her reason for a continuance valid?

2.   If it's granted and she comes back to court without counsel, will there be any repercussions?

Thanks!

[socrateaser]

>1.  In your opinion is her reason for a continuance valid?

No. An attorney for a civil action is optional.

>
>2.   If it's granted and she comes back to court without
>counsel, will there be any repercussions?

It will give you a stronger case for attorney fees.

[Crockpot]

Thank you for your quick response.  

She's also now saying she may be moving at the end of this month.  Our court date is on 2/22.  She just planned this move in the last week and she's known about the court date for months.  She is just choosing to move this month, there isn't a specific need for it (sold house, evicted etc).  

1.  Is moving a valid reason for a continuance?

2.  What types of reasons would be valid?

I've been trying to settle this since March, 2006.  Now that our court date is almost here, I'm anxious to get this resloved.

Thanks again.

[socrateaser]

>1.  Is moving a valid reason for a continuance?

Continuance is granted on a showing of "good cause," which translates to a "clear justification." It's all smoke and mirrors, because the judge will almost always grant attorney-requested continuances (in the interest of case management), and refuse to grant continuances to self represented parties.

If the move is forced by circumstances beyond a party's control and it effects their ability to appear, then that's a clear justification. If the move is contemplated voluntarily with knowledge that a court appearance is pending, then that's no justificaiton at all.

But, of course, people lie in their pleadings all the time, so you need to wait to see what you're faced with, rather than speculating about the infinite unknown.

>2.  What types of reasons would be valid?

I broke my leg and I'm in the hospital. ;)

[Crockpot]

I recorded my phone conversation with my ex where she clearly states "I'm just moving to move."  I'll turn that over to my attorney.

Thank you for your help.  

[Crockpot]

I have a court date on 2/22 requesting a change in my parenting time.  I am NCP.  We share legal.  Our divorce only states 'liberal' parenting time and my ex has become increasingly difficult to deal with.

I'm requesting (what I think is) very reasonable time.  EOW, alternating holidays, one night a week and her driving 50% of the time.    I'm also asking for attorney fees.  We've been going back and forth since last March.  She refused to do any of the driving and wants the kids for 10 hours if their birthdays fall on my time.  We tried mediation until my ex cancelled the last appointment.  Ex had an attorney but fired him several months ago.  And has failed to respond to several letters from my attorney.

In a conversation I had with my ex tonight she warned me she was going to request a continuance in court on the 22nd.  Her basis is she hasn't been able to afford to retain another attorney.  She has not indicated that anything in her circumstance will change to allow her to afford an attorney in the near future.  In fact she told me she's spending her tax return to move.      

1.  In your opinion is her reason for a continuance valid?

2.   If it's granted and she comes back to court without counsel, will there be any repercussions?

Thanks!

[socrateaser]

>1.  In your opinion is her reason for a continuance valid?

No. An attorney for a civil action is optional.

>
>2.   If it's granted and she comes back to court without
>counsel, will there be any repercussions?

It will give you a stronger case for attorney fees.

[Crockpot]

Thank you for your quick response.  

She's also now saying she may be moving at the end of this month.  Our court date is on 2/22.  She just planned this move in the last week and she's known about the court date for months.  She is just choosing to move this month, there isn't a specific need for it (sold house, evicted etc).  

1.  Is moving a valid reason for a continuance?

2.  What types of reasons would be valid?

I've been trying to settle this since March, 2006.  Now that our court date is almost here, I'm anxious to get this resloved.

Thanks again.

[socrateaser]

>1.  Is moving a valid reason for a continuance?

Continuance is granted on a showing of "good cause," which translates to a "clear justification." It's all smoke and mirrors, because the judge will almost always grant attorney-requested continuances (in the interest of case management), and refuse to grant continuances to self represented parties.

If the move is forced by circumstances beyond a party's control and it effects their ability to appear, then that's a clear justification. If the move is contemplated voluntarily with knowledge that a court appearance is pending, then that's no justificaiton at all.

But, of course, people lie in their pleadings all the time, so you need to wait to see what you're faced with, rather than speculating about the infinite unknown.

>2.  What types of reasons would be valid?

I broke my leg and I'm in the hospital. ;)

[Crockpot]

I recorded my phone conversation with my ex where she clearly states "I'm just moving to move."  I'll turn that over to my attorney.

Thank you for your help.