No word yet

[Imom]

In July I filed a motion to clarify and enforce transportation provisions with your help.

Current order:

4. Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

(there are times bm is considered cp (summer, t-giving, springbreak she is cp I am ncp) then there are time I am (1 week before school the school year until 1 week after I am cp she is ncp)

I wanted to fly my son (age10) home; bm said no. So I filed the motion, the judge ordered a hearing set for August 11 (2 days after my son was to reutun)

BM with her attorney filed a motion to apear by phone. With your help I filed a response.

Her motion was denied. I did not find out until at the court hearing; at the hearing the judge said he did so becasue they do not have a phone in the court room. He acted like he never even read my response.

There was no ruling 'because there was no longer an emergency" Come Monday it will be 60 days. I do know that in a custody case they have 90 days to make a ruling. I don't know if this would fall under that too since its still family law.

I am wondering whats taking so long (not that you know...lol); really I am just wondering if there was a ruling and I have just not been notified. Bm's attorney did not show; bm did; she (bm) stated she got the denial order (her motion to apear by phone) by mail; yet I still have not.

1. would it be improper to call and ask if there has been a decision?

[socrateaser]

>1. would it be improper to call and ask if there has been a
>decision?

I'm confused. You say you got a ruling on the motion to appear by fone, but you don't state what the court said on the issue at the hearing itself. If the court took the matter under advisement, then you are entitled to a ruling. First check with the filing clerk to see if anything was ever filed. Then check with the judge's clerk to see if the judge ever ruled, and if not, when you can expect a ruling?

You can call either clerk, but if you want a paper trail, and I suggest that you get one, if the filing clerk gives you a negative answer, then I would write the judge's clerk and copy the other party. That way, the judge can't refuse to respond on grounds that it's an ex parte (one person) communication.

[Imom]

I did not get the ruling on bm's (the other party) motion to appear by phone.

At the court hearing on August 11, The judge started by stating we are hear for xxxxxxx's (me) motion....on such and such date xxxx (bm) by attorney xxxxx filed a motion to apear by phone which I denied because I do not have telephone access in the court room on such and such date xxxxxxxx (me) filed a response to xxxx's (bm's) motion to apear by phone.

He questioned bm about where her attorney was; he explained to her why he could not allow her to appear by phone. BM stated she did receive that ruling by mail.

I have not received anything from the court since the notice of hearing in July.

[socrateaser]

>I did not get the ruling on bm's (the other party) motion to
>appear by phone.
>
>At the court hearing on August 11, The judge started by
>stating we are hear for xxxxxxx's (me) motion....on such and
>such date xxxx (bm) by attorney xxxxx filed a motion to apear
>by phone which I denied because I do not have telephone access
>in the court room on such and such date xxxxxxxx (me) filed a
>response to xxxx's (bm's) motion to apear by phone.
>
>He questioned bm about where her attorney was; he explained to
>her why he could not allow her to appear by phone. BM stated
>she did receive that ruling by mail.
>
>I have not received anything from the court since the notice
>of hearing in July.

How did the judge rule on your substantive motion for transportation? Was the issue discussed on the 11th? If so, then what did the judge say? If not, then did the judge set the motion for hearing at another date?

I'm really confused.

[Imom]

Sorry,

Yes he took that motion under advisement. He stated there was no need for a ruling at that time due to the fact there was no more emergency.

He took testimony (which became a free for all) and stated there were things he needed to check into.

I strongly believe he is going to order us to meet halfway because some how he was not quit adding very well.

Its 20 hours RT.

If I fly my son home it would be a 5 hour RT for me. ( it saves my son 2-3 hours one way). Well the judge stated you are going to be driving 5 hours anyway why not meet mom halfway?

I tried to point out the fact above I will be driving 5 hours total; I am done. If I meet bm half way. Its 5 hours to the halfway point PLUS 5 hours home at the beginning then at the end its another 5 hours to the halfway point PLUS 5 hours home.

Now, where I add that; I still get 20 RT which I am trying to avoid. But he (the judge) kept harping on meeting. "I know were not here for this but if I order you to me halfway would you?" he kept saying. I was thinking if he orders it do I have a chioce....I had to say I would.

It was just a mess. The only thing I got to object to was when bm stated they don't watch the children like they state they do (t.he judge even agreed).  


I did call there is no ruling yet. He has been tied up with trials. I was told he has a lot of cases he has to make a ruling on shortly and mine is coming up soon. He does have 90 days for my case.

[socrateaser]

I think that if he orders you both to the halfway point, this may cause your ex to reconsider allowing flying via a stipulation. If not, then you can always go back to court on grounds that the court's solution is not working, assuming that it isn't.

More than likely, your ex, if she doesn't like the arrangement, she will refuse to comply, at which point you have a contempt action.

[Imom]

Dear Soc,


As the 90 day deadline is vast approaching and still have not received a ruling on my motion.

You stated if the matter was taken under advisement I have a right to a ruling. That I could write a letter to the court's clerk (and a copy to the other party). I will wait the 90 days out (plus 3 days for mail delivery) but wanted to get a leg up incase I have to go this route.

1. Do you have time to help me prepare this letter or give me advice how to prepare this letter?

2. When sending this letter to the other party do I need to have a third party do so and fill out a certificate?

Thanks for any help you can do.

[socrateaser]

>Dear Soc,
>
>
>As the 90 day deadline is vast approaching and still have not
>received a ruling on my motion.
>
>You stated if the matter was taken under advisement I have a
>right to a ruling. That I could write a letter to the court's
>clerk (and a copy to the other party). I will wait the 90 days
>out (plus 3 days for mail delivery) but wanted to get a leg up
>incase I have to go this route.
>
>1. Do you have time to help me prepare this letter or give me
>advice how to prepare this letter?

If you post a draft here, then yes, otherwise not.

>
>2. When sending this letter to the other party do I need to
>have a third party do so and fill out a certificate?

No, just copy the other party, and note it on the letter so the judge knows that you have done so -- that way the judge will know that this is not an ex parte communication.