Pendente Lite Hearing Order

[notnew]

How long does the court have to issue an order on a Pendente Lite hearing?  In court looking for temp. custody on 2/27. Judge said he wanted to consider all the facts before making a decision and he would have something by the end of the week. Nothing has been issued to date (3/8). Don't they have some type of regulations governing how long they have to rule on a hearing?

I don't want to make the court angry, but what are my options?

[socrateaser]

>Don't they have some type of regulations governing how long they have to rule on a hearing?

Most jurisdictions have rules related to timeliness of orders, but they're frequently very broad and sometimes, they're internal to the court's administrative policies, so you can't even get a copy. I'd wait 10 days, and then start making inquiries.

>I don't want to make the court angry, but what are my
>options?

You (or your attorney if you're represented) can write a note to the judge's clerk, copying the other party or their attorneyof record, and asking if there's anything that you can do to expedite the process.

:)

[notnew]

I am pro-se.

Calling the clerk's office to check status of filing and computer shows it is in assignment (pre-trial is in May).

The reason I am concerned is this:

court ordered social services to investigate mother for CINA case. Child has been absent in excess of 50 days from school this year and tardy on nearly all the days attended. These facts have been proven. There is no reason for this to occur. The facts have been proven already.

At Pendente Lite Judge stated he had not had time to read the filing. He went on about how if he transferred custody on that day, he would have to work out visitation and child support issues that could be worked out in the Pre-trial. I got the distinct impression he just didn't want to be bothered with it.

I had as witnesses 2 employees of the school system who testified to the facts. The other side presented nothing in defense of this, just threw mud with groundless accusations and was caught in more than one lie by the judge himself. Mother has no attorney. PS - Mother has also lost her job due to being late and absent herself and blames child.

At the end of the hearing Judge said he wanted to think about it and would render a decision by the end of the week (last week). Still nothing and with the case file being shown in assignment rather then with him, this causes me great concern.

Social Services left a voice mail for me yesterday to inquire as to the outcome of the hearing. They stated on the message they had tried to contact the mother and received no response. I will be calling them back later today. This is the first I've heard from them although I know they completed their investigation and there were unfavorable findings on the mother, but I have no details.

There were two hearings previous to the pendente lite. One for emergency custody (no immediate physical danger so no transfer), but the judge was very concerned about the situation and stated so. Expedited Scheduling Conference for the next week, that judge also very concerned but could not transfer custody due to type of hearing and expedited pendente lite where custody could be transferred. Now this judge has brought this whole thing to a screeching halt.

What in your opinion could be going on here?

[socrateaser]

>What in your opinion could be going on here?

Don't know, but if the child's absences from school would be irreparable harm where I come from.

It could be that your judge wants you to hire counsel, and figures if you don't get an answer that you will do so as a means of getting something done.

Every county courthouse has a chief judge. Do what I already suggested, but if you don't get an answer, then try to get something from Social Services in writing expressing their concern over the situtation. Then, either way, write to the chief judge of your county and ask if he/she can encourage your judge to render a decision in the case, because you're worried about your child.

DO NOT EXPRESS ANY IRRITATION ABOUT THE JUDGE. Keep it all about your kid.

Obviously, this is a dangerous move, because once you do this, your judge may not like you no mo'.

You could also send your judge a proposed order for his/her signature, which is what most/all attorneys will do, and it's what most judges want, because it takes all the guesswork from the judge. He/she will know exactly what you want, and all that's requires is a signature.

Always keep in mind that judges are paid the same whether they hear or decide 100 cases per month or none. Doing no work is more efficient than doing some, because it drives $ earned per hour to infinity.

You have to keep the pressure on without pissing the judge off. It's a balancing act.

[notnew]

Glad you replied I had started a letter to the Judge and my intuition told me it was not the time to send it.

I did have a pendente lite order drawn up but never had the chance to present it due to his inaction. I will send it now with a brief note asking for a ruling.

Will keep you posted. Boy,  you don't get much sleep. I've noticed the timing of your postings. Thanks for your help!

[socrateaser]

> Boy,  you don't get much sleep. I've
>noticed the timing of your postings. Thanks for your help!

Yeah. 5 1/2 hours a night seems to be my limit.

[4honor]

5 1/2 hours, hmm?

Is that by choice, by work load, or are you a bit of an insomniac too?

[hoosierpapa4]

Forgive me Soc, to me it sounds like a Judge that wants to give someone time to collect themselves and do what's right.  Then, after a period of time, if they can't get their collective "stuff" together, that the judge will act (upon being prodded).  I know it sounds calus, but I have seen this time after time after time.  Judges that know that they are causing harm to children but want to give someone time to see for themselves what harm they are causing.

[notnew]

Mother's behavior is an established pattern. I had previous two years of school records showing excessive absences and late arrivals. Judge would not look at any other issue other than the attendance/tardy for this school year. There have been three Judges now who told her each time that if child was late or absent one more time she was going home with dad. Child has been late the day after EVERY hearing and had some absences mixed in as well. No action taken by the court even though truant officer contacted the Judge's chambers to advise him of this the day after the last hearing.

Mother is laughing at everyone at this point. She has been doing this type of thing since day one. It will never get any better. The only way I can improve my child's life is to have her here with me.

BTW - spoke with social services investigator. Failure to send your child to school is not neglect in our state. If child is sick and you fail to take them to the doctor, child is not dressed properly, or fed - then it is neglect in their jurisdiction. Non-attendance is for the board of ed. to take up with the State's Attorney to prosecute the parent (which is happening).

Faxed the gentle reminder letter with pendente lite order to chambers this morning. Keeping my fingers crossed.

Question - clerk's office says file is in assigment. Pre-trial is not till May. Why would it have gone straight from Judge's chambers to assignment without coming down to clerk's office for some type of conclusion to the pendente lite being drawn up?

[socrateaser]

>Question - clerk's office says file is in assigment. Pre-trial
>is not till May. Why would it have gone straight from Judge's
>chambers to assignment without coming down to clerk's office
>for some type of conclusion to the pendente lite being drawn
>up?

Assignment to whom?