Soc (opinion)

[Lifehappens]

Soc what do you make of this?

Is it showing that children are being asked to appear only to court?


Motion to Amend or Reveiw Order

City, State

This motion is filed in connection with Case No. XXXXXXXXXXXX

In re: (left blank)

Petitioner: XXX XXXX (XH's name) v. XXX XXX (one for each child's name)

requirements of order: NCP's order - consent order

changes, amendments and /or modification: request, custodial parent meet 1/2 way for monthly visitation (5hr drive 1 way)

for the following reasons: custodial parent moved from 1.5hrs away to 5 hrs way, and increase in cost of transportation.

Mine name is not mentioned on either order to appear.

[socrateaser]

The party names should never change from the original pleading, unless some new party is joined, and if that happens, then there would be both the old parties and the new parties.

The children are only named in a case if they are actually suing or being sued in their own name. What you are posting is an error, by someone who doesn't know how to write a pleading, in my opinion.

[Lifehappens]

Thank you for that information.

Now how does someone go about having this dismissed? as respondents are 15 and 16 years of age.

this is original form: http://www.courts.state.va.us/forms/district/dc-630Rev-3a.pdf

[socrateaser]

>Thank you for that information.
>
>Now how does someone go about having this dismissed? as
>respondents are 15 and 16 years of age.
>
>this is original form:
>http://www.courts.state.va.us/forms/district/dc-630Rev-3a.pdf

Does this new pleading you received display the number from prior actions in your case, or were you served with a petition with an entirely new case number?

If the prior case number appears, does this new pleading have a different set of names as parties (your kids, rather than you)?

[Lifehappens]

Soc, I looked at new papers and old they have totally different case numbers than previous, the ones before they just change the last 2 numbers, like if this is 1st, 2nd, 3rd time in court.

[socrateaser]

>Soc, I looked at new papers and old they have totally
>different case numbers than previous, the ones before they
>just change the last 2 numbers, like if this is 1st, 2nd, 3rd
>time in court.

Then this is a new case, and it is against the kids directly. Frankly, this is bizarre.

If the kids are in your custody, then they are not the correct party, and the wrong case number is being used.

I would respond to the pleading by stating that it appears that the petitioner has incorrectly named the parties in the the case and that this motion should be either be dismissed or alternatively the children's names removed, your name added as respondent, and the case number changed to reflect the existing case between the parties.

[Lifehappens]

Thank you, for this information as you understand it. Next question: how do I do what you are suggesting. Right now I am gathering stuff, as this is a End of Year testing date for both children. I was going to ask that date be changed due to these circumstances. Unless I can use what you are saying, which to me is a better way of handling it.

[socrateaser]

>Thank you, for this information as you understand it. Next
>question: how do I do what you are suggesting. Right now I am
>gathering stuff, as this is a End of Year testing date for
>both children. I was going to ask that date be changed due to
>these circumstances. Unless I can use what you are saying,
>which to me is a better way of handling it.

Just send a letter to the judge, and copy the other party. Make sure the letter shows that you cc'd the other party or the judge won't read yours.

Tell the judge what I said, in your own words -- this pleading displays the children as parties rather than the parent, and uses a new case number, when it should show you as the responding party and the original case number. Then ask the court to dismiss the current motion or instruct the other party to amend the pleading to correct the style and number.

[Lifehappens]

Thank you for that information.

Now how does someone go about having this dismissed? as respondents are 15 and 16 years of age.

this is original form: http://www.courts.state.va.us/forms/district/dc-630Rev-3a.pdf

[socrateaser]

>Thank you for that information.
>
>Now how does someone go about having this dismissed? as
>respondents are 15 and 16 years of age.
>
>this is original form:
>http://www.courts.state.va.us/forms/district/dc-630Rev-3a.pdf

Does this new pleading you received display the number from prior actions in your case, or were you served with a petition with an entirely new case number?

If the prior case number appears, does this new pleading have a different set of names as parties (your kids, rather than you)?