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Help me understand order

Started by Kevinswife, May 19, 2004, 12:29:59 PM

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Kevinswife

Hello Soc,

Here is the story.  We gained full legal and physical custody of my husbands, just turned, 17 year old daughter.  We recieved an order in the mail yesterday from the Superior Court For the State of Alaska.  This is what it says

ex-wife (plaintiff)

V

My husband (Defendant)                              Case No. xxxxxxxxx

                                   ORDER

   Ex-Wife has asked that I reassign this case from Judge xxx, alleging that he is biased against her.  Alaska Statue 22.20.020 requires that Judge xxx first decide this request.  If Judge xxx does not disqualify himself, that decision will be reviewed by a judge assigned by the Supreme Court.

   Dated at Anchorage, Alaska this 17th day of May

1.  Does this mean that ex is appealing the decision?

2.  Is there anything that we should be doing?

3.  What is the next steps of the court?

4.  Can they listen to the recording at the custody hearing where she stated that she was done and did not want anything more to do with the daughter?

5.  Will there be a whole new hearing that my husband and step daughter will have to attend?

6.  Please give us some information on what this is and what will happen with this case now.

Thank you very much.  You have a been a HUGE help in our battles.

socrateaser

>1.  Does this mean that ex is appealing the decision?

No, but if the judge is reassigned, then she will probably move to have the judgment set aside on grounds of bias.

>
>2.  Is there anything that we should be doing?

Move to Florida. Not kidding. Based on the existing judgment, you have the right to relocate. If the court were to retry the entire matter, the fact of your new residence would weigh heavily in your favor.

 However, in practice, judges almost never recuse themselves from a case, so I wouldn't be real worried.

>
>3.  What is the next steps of the court?

Judge will review the allegations of bias and issue a decision.

>
>4.  Can they listen to the recording at the custody hearing
>where she stated that she was done and did not want anything
>more to do with the daughter?

yes. but usually these things are done on the written record.

>
>5.  Will there be a whole new hearing that my husband and step
>daughter will have to attend?

maybe -- doubt it tho.

Kevinswife

Thank you so much once again for your help.  We will just sit things out and see what happens.  

We actually have been considereing moving to Florida although this is not the right time.  We still have a 13 year old and her father is up here with all of his family.  We couldn't take her away from him and them.  This is home to her. Maybe in 5 more years when the legal issues don't matter we can move to Florida.

Have a great weekend.  Your awsome..