Help!! Courtroom procedure advice

[Jas-sk]

I have been hit with false accusations of domestic violence, when wife learned I went to file for divorce. PFA temp order was issued with hearing on this Tuesday. Child has been snatched from me w/ no visitation. On Friday 230 I get a call from attorney he cant be there but will send partner.  Partner is not familiar w/ case, asked I arrive 15 min early...great....I can prove claims are false, tape recorded alleged abusive conversation with wifes knowledge.  I am 99.9% certain I can beat this.  If I am successful, I had asked the stand in attny to immediately file a emergency order for custody.  He states he is only representing me in the PFA allegation, I need to speak w/ primary attorney...I cant do this as trial is scheduled before he comes back.  Since he is not willing to do it, I will but dont know the proper procedure.
Must I file paperwork prior to trial "in case" I prove my case? Could I ask for an Ex Parte Motion, must papers be filed?? Or can I just state Wife has used court as weapon to keep child away. Pray for understanding?  At end of rope.Painted me as a monster in the PFA claim.never a parking ticket...14 different community orginizations, local professional being ripped apart because I caught wife in affair set up by mother in law...THIS IS NOT RIGHT...everywhere I turn I hit roadblocks..PLEASE HELP!!

[Confuccius]

If your attorney will not be there for trial, and his partner does not want to represent you, you need to fire him and hire a new attorney.

Or you can go to court whenever the date is, and ask for a continuance because your attorney is out of town. However, this will cause a significant delay which is very much to your disadvantage.

I strongly advise to not do this on your own. Moreover, if you do have an attorney, and he/she does not show, in most cases the judge will not let you represent yourself, and automatically do a continuance.

Good luck.

[MixedBag]

BTW -- I am no attorney either.

I think the PFA needs to be heard and beat as soon as possible.
Therefore, have it heard and beat it on Tuesday -- tomorrow.  Don't let another day go by for that subject.

Emergency custody -- is a whole different animal.  And IMHO that's why the sub attorney won't do anything on Tuesday etc.

Back to the original poster -- stop and think, IS the child in immediate danger?  -- The answer is probably NOPE.  And IMHO, while Dad is right to be worried about the future, filing for emergency custody based on a false PFA is seen by the courts as a knee jerk type of reaction and the beginning of playing "tug of war" with the child.

The two subjects are treated by the courts differently and IMHO that's why the sub attorney won't touch it on Tuesday.  AND because there are procedures to be followed, and not enough time allotted on Tuesday to hear both etc...

GET the PFA lifted, cancelled, or whatever needs to be done to make it go away.

Again, I'm no attorney....

[MixedBag]

so how did it go?

[Jas-sk]

Lawyer showed up 5 min before scheduled time.  Took everything I had to wifes attny who advised her not to proceed.  I asked that we drop and share custody.  She refused..went to judge..She had her mom.  I had testimony of police, neighbor....ended up having to take the 5th ammendment because I used a tape recorder to protect myself against false accusations..Oh yeah after I already answered 15 min of questions about the tape..her attorney then continued to question me about tape.  We take a break, my lawyer get in my face & tells me hes done, because I didnt understand the question her attorney asked..I asked for clarification he said I am appearing allusive.  He decides to have me play tape prior to 5th..Judge claims court reporter cant hear it..Attorney has 5 min to find a way to make it louder..Do you think he should have listened to it first??? Now I get 6 hrs a week and every other weekend.  

Apparently the way I found out was worse than the act itself...

Tonight for the first time in 8 yrs. Its a me & a bottle of jack daniels...I cant even to begin to describe what I am feeling

[FatherTime]

It seems sometimes that because of our gender we can't do anything right, in the eyes of the law.

It sounds like you got the status quo anyway.  I don't really think that there is much any man can do to change the standard....

Every other weekend... with a little time thrown in on wednesday.

Bottoms up. ( I hope that you not a recovering alcoholic )  Check out my site below to entertain yourself while drinking.  I know what your feeling.

FatherTime
http://www.geopics.net/fathertime

[bdmarket]

This is just unbelievable.  I know that the entire system is not in favor of us on so many levels, but to see all of these people go through these things every single day is so disheartening.  

I understand your pain and I wish you the best.  Right now be happy that you can see your children because many of us are not able to even speak to our kids.

P.S. don't go overboard on the jack......it's only a temporary bandaid but I do understand :)