Motion for Termination of Shared Parenting Plan

[BonusMom]

Background:

Motion for Contempt (pro se) filed in January against custodial birthmother for not upholding custody agreement relating to visitation.

Court date in February - her attorney  requested and received a continuance to file counter claim even though the magistrate tried to get them to settle.

Today:

Received a Motion for Termination of Shared Parenting Plan from attorney stating that it is in the best interest of the child and that the child would be harmed if the current plan remain in force. There is no other explanation contained, no reasons why it would be in the best interest, nothing!

She has been allowing visitation since the first court date as agreed in the custody agreement, so the motion does not make any sense at all.

Questions:

1.  Do we need to file a response?

2.  If we file a response, do we just ask the court to dismiss the motion based on no claims and no reasons for the motion to have been filed?

3.  Do we wait for the court date on April 19th and see what
happens?

4.  Will the Motion for Contempt previously filed ever be heard or ruled on?

Any information would be greatly appreciated.  

[socrateaser]

>Questions:
>
>1.  Do we need to file a response?

Yes.

>
>2.  If we file a response, do we just ask the court to dismiss
>the motion based on no claims and no reasons for the motion to
>have been filed?

You could do that, but the court may hear it anyway, but it's worth a shot.
>
>3.  Do we wait for the court date on April 19th and see what
>happens?

If you mean don't file a response and just show up, then this question is already asked and answered.

>
>4.  Will the Motion for Contempt previously filed ever be
>heard or ruled on?

Your facts don't raise this issue, so I can't comment.

[BonusMom]

Sorry about question 4.

Now I have 3 questions regarding the Motion for Contempt we filed in January against birthmother for denying visitation - hearing is scheduled for April 19th:

1.  Will the Motion for Contempt be ruled on at the next court hearing?

2.  Why did her attorney not file a response to the Motion for Contempt?

3.  How late is too late to file the response? The court date is scheduled for April 19th and the earliest we can file is the 13th.

Thanks for the quick and helpful response.  I really appreciate the help!

[socrateaser]

>1.  Will the Motion for Contempt be ruled on at the next court
>hearing?

Doubt it. Contempt hearings are almost always separated from other hearings.

>
>2.  Why did her attorney not file a response to the Motion for
>Contempt?

I don't know. Call him/her up and ask if he/she intends to respond.

>
>3.  How late is too late to file the response? The court date
>is scheduled for April 19th and the earliest we can file is
>the 13th.

Different rules in every jurisdiction. In some courts, you can wait until 5 days prior, but some attorneys will just walk into court with the response.

Or, if your opponent thinks that your case is completely without merit, this may be his/her way of telling you.