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and now a NEW order to show cause ???

Started by spinner, Jan 17, 2005, 03:46:34 PM

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spinner

Ok so now apparently my ex is going back to court to get another "order to show cause" against me (note she already has one) but apaprently she is changing her motion to add that I be held in contempt, .... ????

I am lost as to what she is trying to do ?!?!?
Why not add this to the first order ?!?!? this is the same court date, ...

I am getting lost as to what she is trying to accomplish.

My lawyer state her move as "interesting" ....
what's so inetresting ?!?!

MixedBag

You're throwing terms around that don't go together....

Your EX is filing "Motions to Show Cause" not ORDERS to show cause.

Orders are only signed by the judge after a hearing.

"Motions to Show Cause" are done when a person thinks the other side is not following the order.

You should be doing that IF she ever denies you access to your child.

SHE should be doing that IF you're not paying your child support.

Get the idea???

So the real question becomes:

What is in the motion?  What is she saying you aren't doing that goes against the divorce decree (ORDER) the judge signed?


spinner

I am sorry to say otherwise, but here are the facts:

she has a motion to show cause
she also has an order to show cause signed by a judge that comes with the motion.

Basicaly we went to europe for Xmas to see family and she state that I wasn't suppose to, ....I have letters proving she agreed, ... (she is a little of a nut case)

Last monday she added that I was suppose to give back my kid to her at 7H30 am as per the divorce decret.
Well the divorce decret there too says 8H00 am (It's not me that wrote it) but apparently she can't read and attorneys are getting rich on her and I's back but what else can I do but go to the hearing set in the order to show cause and show the papers, ....

I am not concern at all about the facts, more concern with the fact that the court doesn't always look at these facts

MixedBag

She can't add something to an order....

Have you SEEN this paperwork?

Because what you're saying doesn't make sense.

Sometimes the attorney will send a "Motion to Show Cause" and attached a PROPOSED order to show cause.

So this order has the judges signature and what does it say?

tell you what, if you want, you can e-mail me and send them as attachmentes -- get them scanned into a computer.

[email protected]

I'm more than willing to help, but what your saying doesn't make sense.


spinner

well the order state something like:
Filed in family court

It is hereby ordered that _________, the respondent, personally appear before the Honorable __________, Referee of Family Court, at Room _ of the _____ at 3:00 pm, or as soon thereafter as counsel may be heard, and show cause, if any you may have, whythe Court should not make its order granting the relief in the motion hereto attached and such other relief as the Court may deem just and equitable.

Motion:
1- granting to the respondent temporary and permanent supervised parenting time access with the minor child of the parties.
2- Restraining the respondent from removing the minor child from the state of MN without order of the court
3- ordering respondent to turn over the minor child's passport and foreign birth certificate
4- awarding attorney fees


She went to get another Order signed by the judge saying the same thing and added another Motion:
1- hold in contempt based on this,
2- contempt based on that, ...

MixedBag

See---

You are ORDERED to APPEAR in court.  Alls that does is set the court date to discuss/hear the motion to show cause.

That's O.K.  

You're mixing apples and oranges....

She wants you to have supervised visitation.

She wants to prevent you from taking the child out of the country.

You need (with the help of your attorney) to show why this is not necessary and that you should be allowed to take your child out of the country.

Actually, if you went out of the country over Christmas and returned the child, you can tell the judge "See, I already did this and returned the child.  I have no desire to run away with our child and stay out of the country, or else I would have already done it."

Why the supervised?  What's her philosophy on the WHY behind this?

Your attorney should know.

spinner

her phylosophie is that I will abscond to europe (even though we are back)

She is a control fre ak that want to control all, .... and found an attorney to take her money, ...

My attorney knows but I am just trying to be knowledgeable.
thanks for the help

MixedBag