question on final order and RO

[jen-n-juice]

afer a motion for emergency temp custody was denied judged asked petitioners attorney to write findings and final order, the finding that the petitioners attorney are misleading as well as final orders

example: part of the order says mother will not leave child home alone
to me this gives the impression that the child was at one time left home alone.


this is what the petitioner was alledging but, was never discussed aggressed, also it seems talk about mother rather than both prents


also judge says that he would choose a gaurdian adlitim from 3 attorneys the petitioner submits. but final order say court will choose from a list by petitoners attorney

question:

1. can i write a letter to the judge and object to the wording  that this doesnt represent the disposition of the court , leaning on the mom and not both parents?


2, is it fair to thivk the attorney who is being payed by petitioner doesnt have the childs best interest in mind but, that of his client and cannot be non-biased when preparing documents for judge to sign?

3. can i suggest the judge write his own findings or have them written consisitant to what judge said by transcript?

4. should i purchase a transcript that reflects judges exact words and findings?


different question:
 
5. does a judge that recused herselve from  hearing a divorce because she was one of the parties attorneys in the past have the same obligation to recuse herselve at a RO hearing between the same two parties?


6. if so can one of the parties file an objection after realizing after the hearing who the judge was?

[socrateaser]

You keep using father/mother and petitioner/respondent interchangeably, but you haven't told me who is whom. Please clarify.

[jen-n-juice]

sorry the father and his attorney were the petitioners filing a motion for emergency temp custody, mother was the respondent, judge had final words praising the mothers parenting but, the findings of fact does not in my opinion represent the judges conclusion and his thoughts about the mother/respondent.





several months after this hearing mother filed RO after father broke into
home ( marital home father been absent for over a year) at the hearing judge dismissed RO after heraring mother/petitioner realized that judge was her x-attorney.

[socrateaser]

>question:
>
>1. can i write a letter to the judge and object to the wording
> that this doesnt represent the disposition of the court ,
>leaning on the mom and not both parents?

Opposing counsel should provide you with a copy of the proposed findings/conclusions and order for your approval as to form. If this doesn't happen, then you can file a motion to set aside.

>2, is it fair to thivk the attorney who is being payed by
>petitioner doesnt have the childs best interest in mind but,
>that of his client and cannot be non-biased when preparing
>documents for judge to sign?

The attorney is not supposed to have the child's best interests in mind. The attorney must act in the best interests of his/her client. That's why a GAL is appointed -- to advance the child's interests independent of his/her parents'.

>3. can i suggest the judge write his own findings or have them
>written consisitant to what judge said by transcript?

See above. You can use the transcript as evidence for your motion to set aside.

>
>4. should i purchase a transcript that reflects judges exact
>words and findings?

I don't know. So far, what you're complaining about is pretty minor, however, I would have objected to the attorney being able to provide a list of appointed atttorneys without your input. That is procedurally biased in favor of your opponent.


>different question:
>  
>5. does a judge that recused herselve from  hearing a divorce
>because she was one of the parties attorneys in the past have
>the same obligation to recuse herselve at a RO hearing between
>the same two parties?

Absolutely yes. You should have objected to that judge presiding over the hearing. You still could do so, by filing a motion to set aside, on grounds that the judge should have disqualified him/herself for conflict of interest.

>6. if so can one of the parties file an objection after
>realizing after the hearing who the judge was?

Yes, but there are time limits, and I don't know how long ago any of this occured. The limitations are specific to your jurisdiction, so I can't tell you, exactly, but if you can state evidence that demonstrates some bias on the part of the judge, then I would move to set aside for good cause.

[jen-n-juice]

the RO hearing was 2 days ago.
if motion is granted (set aside) what does that mean for me and whats next, will the RO hearing take place again?


could i file a motion for exclusive use of the marital home-to stop father from breaking in- he already testified that he has his own place and number of bedrooms that was about a month ago and has been gone from the home over a year ago.

[socrateaser]

>the RO hearing was 2 days ago.
>if motion is granted (set aside) what does that mean for me
>and whats next, will the RO hearing take place again?

Yes, with a different judge.

>could i file a motion for exclusive use of the marital home-to
>stop father from breaking in- he already testified that he has
>his own place and number of bedrooms that was about a month
>ago and has been gone from the home over a year ago.

You can request whatever you like. If there is evidence that your ex is harraassing you by breaking into the home, then that should be sufficient to get orders keeping him out.

[jen-n-juice]

until another hearing is scheduled will the RO order go back in effect?



can testimony from the 1st hearing be used in the new RO hearing?

[socrateaser]

>until another hearing is scheduled will the RO order go back
>in effect?
>
That would be up to the disqualifying judge, but if he did nothing but to set aside his dismissal of the RO, then yes it would become valid again. I don't see that happening. What would probably happen is that the new judge would schedule a new hearing on whether to establish a new restraining order.

>can testimony from the 1st hearing be used in the new RO
>hearing?

Yes.