What would you do?

[prince13]

This is all so weird. DH's atty informed him there was a court date on 6/27/05. Dh's atty learned this after talking with BM's atty about a month ago. As of today, less than a week away from the court date, DH's atty has YET to receive any paperwork regarding the motion BM is filing. However, we did get a subpeona in the mail fo his middle son (12) to appear in court that day.

The kids are here for summer visitation. We suspected the court date was another attempt to reduce his parenting time as that is her modus operandi. Still no paperwork from her atty to DH's, though?

Then, yesterday, DH receives an email from BM regarding summer parenting time and it is pretty much what DH had emailed her back in the beginning of May with a few exceptions. Now she is going to comply?

Why are we still going to court? I just plain don't get any of this; it is all so weird. The only thing I get is that this just goes to prove she is a lunatic!

1) Why didn't she respond to his email sooner, instead of serving him with court papers (which we don't yet have, but allegedly must exist if there is a court date).

2) Why all of a sudden does she want to agree?

DH talked to his atty via email and today got a response stating he STILL has no paperwork whatsoever from her atty. I am so confused.

[wendl]

So your attorney was never served nor where you, I would have your attorney go down to the courthouse and see. If neither of you were properly served I would request a continuance based on that fact.

**These are my opinions, they are not legal advice**

[prince13]

No, never served. However, yesterday PBFH's atty called DH's atty and said "oops, I forgot to send you the paperwork is it ok if we proceed with the hearing on Monday as scheuduled." What a joke, huh? DH's atty said absolutely not. Well, now it is rescheduled for Tuesday....give me a break. We haven't seen a copy of the papers, but based on what DH's atty said to him on the phone Friday PBFH basically wants this hearing so that son who is 12 can tell the Judge he doesn't want to spend as much time with his Dad during the summer. I think in the papers it mentioned that son does love Dad, but just wants less time with him.

WTF? Does this woman think a 12 year old has the right to make the decision? Who is the parent here? I hope the Judge fries her butt, but then again every other time we went for something similar she got some form of what she requested. Same thing with daughter when she was 12 in 2003. However, son is no where near the maturity level daughter was or is at now. This son can't even have a conversation without mumbling to you. I suspect he will freeze if the Judge actually allows him to talk. I don't think DH's atty is going to be very nice either and force him to say some things about his Mom like how she lets him say FU to his Dad and then not discipline him for it and how she condones him treating his father poorly.

The entire situation is just plain UGLY. We need some thoughts and good luck on Tues 6/28/05. Hearing is at 11. I will post when I know the outcome good or bad.

Thanks for everyone's support here.

[nosonew]

Hugs... I will be waiting for news... Good luck to you and your DH!

[flewwellin]

So what is the update on this??? I'd like to know what was going on there and why you didn't have notification of a court date.