just asking for an opinion

[shiner]

I am not asking for legal advice here.  I know that many of you have been through the ropes, and I am simply asking for input.  My wife "slapped and ran", taking the kids into hiding, etc. until the hearing which was two business days following the serving of the papers.  Fortunately, I was quick to access these sites, and discovered that this is where many men mess up.  Before you wonder why she ran and hid, just know that at the initial hearing....rather than getting into the facts and letting a judge decided, she agreed to cohabitate until the temporary orders hearing.  In other words, my wife is not afraid of me.  It was a ploy, and unfortunately, she's been a legal assistant just long enough to think she's an attorney.  I've had to get very educated quickly in order to protect myself and more importantly, protect the best interest of my kids.  I am by all standards a "Mr. Mom".  

So, for temporary orders, the judge ordered a somewhat standard possession order except that I get the kids on Thursdays and return them on Mondays.  Other than that, according the my attorney's notes and the judge's handwritten notes, it was a standard possession order, including summer visitation.  

Long story short, my attorney went on vacation and mistakenly missed the "entry" for the temporary orders.  Her attorney was there and proposed "his" interpretation of the orders.  The "entry" was made without my attorney's signature.  It was signed by a different judge than the one we saw.  It was also missing alot of the points of a SPO and was definitely written to her advantage.  Big time bummer.  So, that is the temporary order that was signed and I am expected to live by, despite what was ordered in the original hearing.  I have obviously made it known that this is a huge disappointment.  My attorney knows he made a mistake and we've talked about it.  He has tried to negotiate with her attorney to avoid having to go back to court.  No such luck.  In the meantime, I am living by the signed temporary orders.  I have now asked my attorney to request a single week of summer time.  They will not agree.  Today, she called and said she would let me have the week if I would return one of the few things I have in my possession.  I reminded her that I have never allowed the subject of material possessions to come into play when talking about what's in the best interest of our possession.  She wants to bargain for my time with the kids.  I return the photos (which I'll never see again), and she will "allow" me time with the kids.  It's sad and sick.  I have remained consistent and will NEVER negotiate material possessions for more or less time.  Period.  I have explained to her that it is impossible to start talking about material possessions in the same equation with visitation....and still keep the children's best interest at heart.  She knows she has leverage and she uses it.  

So, my question, based on the temporary orders that are signed, have any of you had an emergency hearing for these types of things.  I can't figure out why my attorney isn't automatically doing this.  Help please.

[Peanutsdad]

Double check with Soc,, but follow the mandatory posting guidelines.

Based on what you are saying here, there is no grounds for an ex parte hearing. There would need to be a danger to the children in order for that to happen.

Your attorney needs to file a motion to set aside the current orders as they do not reflect what was ordered.

[Bolivar OH]

That's a damn good question.

How does one change "temporary orders"?

As peanutsdad said post on Soc board.  He will not respond to long drawn out posts.

However try shorting your question to something like:

My attorney went on vacation and mistakenly missed the "entry" for the temporary orders. Her attorney was there and proposed "his" interpretation of the orders.  I got screwed.  The judge signed the orders.

How do I get the temporary orders changed?

[Stepmom0418]

In the state we are in BM's attorney requested a second temp hearing by putting in a motion to the court and the judge ordered the date to appear. I dont know if it works the same elsewhere but it did here. I agree with the rest to ask Soc he would be able to answer better.