Welcome to SPARC Forums. Please login or sign up.

Nov 22, 2024, 11:02:59 PM

Login with username, password and session length

Motion for Reconsideration

Started by backwardsbike, Aug 25, 2006, 08:00:19 PM

Previous topic - Next topic

backwardsbike

All parties and the court order are in PA.

Last month I filed a contempt petition against the Cp for failure to abide by the FROR as well as a failure to keep me informed of events that are important to the children.  And failure to provide educational and medical information.

I won.  X did not even attend the hearing.  His counsel was present and when asked by the judge if his client was planning on attending the lawyer said, " I presume so, your honor."  Hearing lasted a full hour and at no time during it did the CP phone or appear.

There was a finding of contempt.   A further clarification of a previous order which was for counseling which was not happening and a $250 fine.

Today I get a Motion for Reconsideration from the CP.  It just states several of the issues I raised at the contempt hearing.  DOesn't say why the judge should reconsider and asks that the court reconsider its finding of contempt and/or the imposition of monetary penalty of $250.

Questions:

If the CP disputed the issues set forth in the contempt petiton should he not have just shown up and defended himself?

Can you really just say " I don't like the ruling, Judge.  Think again."?

SHould I bring other issues of contempt up that have arisen since last month?

DO I have a shot at getting X to pay for my attorney's fees

Are there any other remedies, of a legal sort, that I can use to get my X to stop harrassing me?

socrateaser

>Questions:
>
>If the CP disputed the issues set forth in the contempt
>petiton should he not have just shown up and defended
>himself?

Yes. A motion to reconsider may be made only based on newly discovered evidence, that could not have been produced through the use of reasonable diligence and the discovery process, prior to the hearing wherein the order/judgment for which reconsideration is being requested, was made.

>Can you really just say " I don't like the ruling, Judge.
>Think again."?

Nope.

>
>SHould I bring other issues of contempt up that have arisen
>since last month?

Nope. Your response is simply that the other party had notice of the hearing and failed to appear or request a continuance, and the evidence being offerred in his pleading is not newly discovered, nor even alleged as such, therefore the motion must be denied.

>DO I have a shot at getting X to pay for my attorney's fees

If you have an attorney who will respond to the motion to reconsider, then yes, because this pleading is clearly frivolous -- it has no merit whatsoever.

>Are there any other remedies, of a legal sort, that I can use
>to get my X to stop harrassing me?

Filing a pleading is not, without something more, harrassment. I don't know what sort of harrassment you're referring to.