Objection to ex parte regarding parenting time matters

[kevkermit]

My attorney filed ex parte referring our case to the Friend Of The Court for review and recommendation regarding parenting time.

--regarding transportation/participation in extracurricular activities
--our son and daughter sleeping in same room on floor with two other girls.  (since filed motion ncp has had children sleeping at his parents house every overnight visit)
--visitation when our children have a work schedule as son is going to be 16 in January.

Ex Parte was signed and meeting was scheduled with the Friend Of The Court.

Today the Friend Of The Court called and said the meeting was cancelled as the ncp filed an objection to the ex parte

1.  What is the procedure for this?

2.  Will an objection to our case being referred to the FOC for review and recommendation regarding parenting time issues make the ncp look unreasonable?  We have sent numerous letters to ncp requestion he meet with me/attorney to try and work this matter out without having to involve the courts with no cooperation on his end.

If you have any suggestions would greatly appreciate it.

Thanks in advance.

[socrateaser]

>1.  What is the procedure for this?

I don't understand the question. Please rephrase.
>
>2.  Will an objection to our case being referred to the FOC
>for review and recommendation regarding parenting time issues
>make the ncp look unreasonable?  

I don't know, but the objective of the objection is to try to get in front of the judge without dealing with FOC at all. Probably, the issue is that the other party thinks going to the FOC is a waste of time. Trying an end around FOC is probably counterproductive unless there's an emergency.

[kevkermit]

What we were trying to do is save time as my understanding is that if I filed a motion for change in parenting time, the judge is more than likely going to refer us to the FOC for a review and recommendation anyway.  

So are you saying that more than likely the matter will still end up in front of the FOC?  

[socrateaser]

>What we were trying to do is save time as my understanding is
>that if I filed a motion for change in parenting time, the
>judge is more than likely going to refer us to the FOC for a
>review and recommendation anyway.  
>
>So are you saying that more than likely the matter will still
>end up in front of the FOC?  

Depends on what the objection is about. I can't even speculate without more facts.

[kevkermit]

The paperwork says:

I have been served with an ex parte order in this case dated:  October 26, 2005.

I object to the parenting time provisions of that order because:

I wasn't served the ex parte until Nov. 10, 2005.  Currently, there is a specialized order that we have been following since Aug 8, 2000.

If the dispute cannot be resolved by the FOC I request a hearing be held to rescind or modify the ex parte order. (box is checked)

1.  Is the FOC supposed to try and resolve the dispute?

2.  Will we more than likely still end up dealing with the FOC?

[socrateaser]

The response/objection appears to disagree with the proposed new parenting plan because service of the new plan wasn't very timely. Basically, what the person wants is to not be found in contempt for following the prior permanent orders until the court approves the new orders.

Based on statement #2 in the response, FOC shouldn't have cancelled the meeting, because, while the other party has stated an objection, it is not an objection to FOC involvement.

I think everyone is confused now, and you need to discuss the issue with FOC and try to reset the meeting.

[kevkermit]

FOC said that due to the fact that he objected to the ex parte referring our case to the FOC for report and recommendation that they can't do anything until after the hearing regarding his objection.

Makes no sense to me.

[socrateaser]

>FOC said that due to the fact that he objected to the ex
>parte referring our case to the FOC for report and
>recommendation that they can't do anything until after the
>hearing regarding his objection.
>
>Makes no sense to me.

Nor to me...sounds like internal policy made by a nonlawyer administrator for the clerks. You'll probably just have to go to the hearing now, unless you can get a written statement from the ex as to whether the intent of the objection was to stop the FOC meeting or not.