Change of Venue

[Sunshine1]

Hi Soc:

We recently went to court for a change of venue to get away from our crazy judge.  Neither of the parties lives in the original county that the parties were divorced in.  First DH ex did not show up for the hearing, but her attorney did.  We all came to an agreement in the hallway and that was that, we were happy with the situation.

The court clerk came out and said the judge was ready.  We both told her that we are in agreement and we did not need to go in, but she insisted that the judge would want something on record.  So whatever, we went in to tell him that we agreed to the change and that was that.

Well the opposing attorney went first and started to tell the judge that we were in agreement your honor and that her client was not present for whatever excuse, and he piped in and said, who filed the motion?  Sit down and let him proceed.  My DH stood up and said that they were in agreement and sorry to take up the courts time, we were having a miscommunication problem.

The judge flipped out, he said I will grant your first motion but I am denying your motion for a change of venue.  Life isn't that easy Mr. XXX.  Your dismissed.

We all walked out of there in complete shock, even opposing counsel was fine with it for once and her head was spinning, and the county representative was in shock as well.

1.  If the parties submitt a stipulated agreement for the judge to sign to make it legal, how can he deny it?

2. If we put in a motion to reconsider, will it go to the same judge?(We do have the fact that the other side never showed up)

3. If we want to write up a stipulated agreement and submit it to the court can we have another judge sign it?

4. Do we even need a judge to sign it?

Any help on this one would be great. It is not the end of the world that it not be moved, but it sure would be less stressful to guess his moods on court day.

[socrateaser]

>1.  If the parties submitt a stipulated agreement for the
>judge to sign to make it legal, how can he deny it?
>
The court has discretion to deny a stipulated judgment/order if it believes that the matter is unlawful or inequitable. However, courts rarely deny -- usually if the document is prepared by an attorney, the court will rubber stamp it.

>2. If we put in a motion to reconsider, will it go to the same
>judge?(We do have the fact that the other side never showed
>up)

Yep, same judge, but I'd ask for reconsideration anyway, and I'd simply list as grounds that no party nor the child(ren) reside in the county. The judge will probably forget everything about the original hearing and just sign the order.

>
>3. If we want to write up a stipulated agreement and submit it
>to the court can we have another judge sign it?

No.

>
>4. Do we even need a judge to sign it?

Yes.

[Sunshine1]

Soc, we are both in agreement for the change of venue.  We are now submitting his order for him to sign.  The first part with what he granted and the second part with a big fat DENIED stamped on it.

1. After he signs the first one and we wait a month, can we submit a stipulated agreement to him for him to sign? or

2. Do we need to submit a motion for reconsideration? and if so..

3. Do we need to be present for a motion hearing again or can we just submit it?

Please excuse me if these are repetitive questions.  I just don't want to tick him off again.  The first time was enough.

Thank you in advance!!

[socrateaser]

Please post the exact text of the order that was allowed and denied. I would like to see what's up for myself.

[Sunshine1]

STATE OF MN

DISTRICT COURT

COUNTY OF XXXXX

THIRD JUDICIAL DISTRICT

FAMILY COURT DIVISION

Case Type: Dissolution With Children


In Re the Marriage of:

Petitioner (Sunshine1's DH),

and

Respondent.
                                                    ORDER  AS FOLLOWS



                                                               Court File No. XXXXXXX


This matter came before the Court on March XX, 2004, and the Petitioner was present and unrepresented by counsel and the Respondent was not present but was represented by attorney XXXX. The Court, upon reviewing the Court*s file, does hereby Order the following:

1. Respondent*s child support obligation is modified downward to $250.00 beginning April XX, 2004. Child support collection shall be reinstated beginning April XX, 2004 and continuing each and every month thereafter.

2. Petitioner*s request for a change of venue to XXXX County is denied.



IT IS SO ORDERED.



Dated: April XX, 2004    ______________________________

Judge XXXXX



Thank you Soc!!

[socrateaser]

Hmm, judge seems to want to be a butt. I think that if both parties are in agreement that this judge is trouble, that your best bet is to agree to dismiss the entire divorce action, and then refile it in the new county.

You could use the exact same paperwork, and just change the county. This would defeat the existing support order, until the new action was filed, however you could stipulate to a temporary support order to be filed with the new divorce petition, and then as soon as you were notified of the judgment dismissing the current divorce, you could file the new one.

This would take it completely out of this judge's hands. You can just state that the parties have reconciled as grounds for the dismissal, and the court will have no choice but to dismiss.