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Court outcome

Started by DecentDad, Jan 12, 2005, 02:12:40 PM

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DecentDad

Because I was #29 on a docket of 32, I got to watch judge for half a day yesterday.  I'd agree with your assessment that he makes fast decisions, including a blow off... he doesn't appear peeved like other judges I've seen.  He just rules fast.

Yesterday, he denied things right and left and referred half the folks to try to settle in conciliation before returning.  He changed custody in a 10 minute hearing without an expert witness (i.e., mom argued that son is failing two classes, that dad obviously can't help him, so mom wanted change in custody back to her; dad said that son has a tutor, that he's doing his best; and judge agreed with mom that she can probably do better).

In hallway, attorneys joked about how badly they'll likely get screwed by him that day, or war stories about him.  I didn't observe this about my prior judge, who resigned in 2004.

I previously looked up that of the dozen or so appeals stemming from his ruling, he was affirmed in all but one, and that one was a minor correction to consider something before ruling again.

I don't have much history with this judge, which means I have yet to try his patience to have him predisposed against me.

This all happened yesterday, so my ten days are Jan 22.

Thanks,
DD

DecentDad

When I had discussed it by phone with my attorney (following the 663 online thread you and I had), we seemed to have agreement that we'd seek the judgment to be vacated in part, only for the issues of child support and childcare.

However, he filed a motion to vacate it entirely and replace it with my own proposed judgment (which would have corrected less objectionable things too).

So, I don't know if my motion to reconsider can take a more reasonable approach to ask the court to specifically vacate the child support and child care clauses and allow previously existing orders on those matters to stand.  Perhaps take that 663 component and hammer that "in part" is also at the court's discretion?

DD

DecentDad

Hi, sorry, I know I'm stacking up a few notes.

What if I filed something like a "Request for Statement of Decision/Clarification of Basis to Deviate from Guideline and Award Childcare"

Then outline what happened... showing that there was no stipulation for this CS amount, that biomom doesn't work (hence no childcare).

Would court, on its own motion, then have discretion to vacate the judgment on those issues alone, deferring to the existing 2002 orders?