Hearing delayed

[backwardsbike]

Hi Soc,

All parties are in PA.  I have been divorced for 7.5 years and have been non-custodial parent for 5 years.  I am seeking a custody modifcation in the custody of my children ages 16 and 13.

The reasons involve interference with legal custody, PAS, a dramatic drop in a child's school performance.  Medical and educational neglect, difficulty with my getting emergency custody of the children when I have needed to go out of town for a family emergency.

A hearing was set for today.  9/01/05.  About three weeks ago my attorney let me know it was going to be rescheuled due to the opposing counsel having to go to Mexio for some type of family obligation which could not be rescheduled.

Then I received notice from the court stating it had been rescheduled due to "the court's unavailablity".  All that was confusing enough.  Two reasons for the same delay.  But today my friend spoke  to the opposing counsel by phone!  He's right here in town.

The net result is that the hearing is rescheduled for 9/29/05.  By this date school will already be well under way and I am concerned the judge will not move the children base on that fact alone.

I tried calling my attorney but have not heard back from her.

Question:

1.  Is there a certian number of times a party to an action can delay a hearing?

2.  Do the parties have to be honest with each other and the courts about the reason for the delay?

3.  If I loose, would the fact that my friend spoke to this attorney in town today be cause for an appeal?

[socrateaser]

>Question:
>
>1.  Is there a certian number of times a party to an action
>can delay a hearing?

No, but judges have a duty to expedite litigation and attorneys have a duty to not delay in order to obtain an advantage in the litigation.

>
>2.  Do the parties have to be honest with each other and the
>courts about the reason for the delay?

Yes, but attorneys frequently cover each other's asses because they may need to do so again in a future litigation.

>3.  If I loose, would the fact that my friend spoke to this
>attorney in town today be cause for an appeal?

Has the delay actually prejudiced your rights or the likely outcome of the case? I doubt it. The fact that the reason on the record for the delay is due to the court's unavailability is sort of odd, because it indicates that your hearing would have been delayed regardless of the attorneys' conduct. Maybe the judge is covering for both attorneys, or maybe it's just a coincidence. However, under the circumstances, I don't think you can make a case.

[backwardsbike]

My concern is that the delay has actually put me at a disadvantage because the children will have already begun school.  They live in a different disctrict than me.  Therefore, I am concerned that the judge may not want to change custody becasue the children will have to not only change school districts, but come into the new school AFTER classes have been in session for three weeks.

If the hearing had been held on the date originally scheduled then that would have been prior to the start of school in their disctrict.

Also, one of the issues is that the CP has delayed getting a child braces for the past ten months.  he has refused to even discuss it with me.  The braces are 60% medically necessary and 40% cosmetic.

I learned in June that he is seeking a second opinion.  I also learned that this appointment is for September 19.  Had the hearing been held as scheduled he would have had to explain why he did nothing to expidite the braces.  Now he can say he's sought a second opinion.

I feel that has destroyed part of me case against him as his refusal to cooperate in getting the braces was a key issue.

With this new information, do you think it would be possible to appeal if I loose?

Thanks for your input, Soc.

[socrateaser]

>My concern is that the delay has actually put me at a
>disadvantage because the children will have already begun
>school.  They live in a different disctrict than me.
>Therefore, I am concerned that the judge may not want to
>change custody becasue the children will have to not only
>change school districts, but come into the new school AFTER
>classes have been in session for three weeks.
>
>If the hearing had been held on the date originally scheduled
>then that would have been prior to the start of school in
>their disctrict.
>
>Also, one of the issues is that the CP has delayed getting a
>child braces for the past ten months.  he has refused to even
>discuss it with me.  The braces are 60% medically necessary
>and 40% cosmetic.
>
>I learned in June that he is seeking a second opinion.  I also
>learned that this appointment is for September 19.  Had the
>hearing been held as scheduled he would have had to explain
>why he did nothing to expidite the braces.  Now he can say
>he's sought a second opinion.
>
>I feel that has destroyed part of me case against him as his
>refusal to cooperate in getting the braces was a key issue.
>
>With this new information, do you think it would be possible
>to appeal if I loose?

Well, on the issue of the child's braces, it's about whether the child is injured by the delay, not you. And, if your argument is that the child is injured, then this last delay is irrelevant as compared to the prior 10 months, so there's no prejudice to your case.

Regarding the child entering school changing the status quo, the child would have been entering school in this location if you hadn't filed, so there is no change in status quo, therefore no prejudice to you.

Therefore, no grounds for appeal.

[backwardsbike]

Thank you, Soc.  I am afraid thatI am just not too trusting of the system at this point.  Well, heck, I've been in this long enough that I'm not trusting of anybody anymore ( except YOU).