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Update - Page 3

post #41 of 53

Forum-crashing here too, but I wanted to add my congratulations!  I'm so glad you'll get to have Christmas at home with your kids!  clap.gif

post #42 of 53
Quote:
Originally Posted by Avani View Post

The crazy judge will be out as of Dec 18th essentially. The courts are full at this point thru the holiday season. My ex could attempt an appeal or to ex parte but first of all he would have to get the old judge(you never know what day he is in session) and second of all it has to be considered an emergency and third of all to file an appeal is a very long and complicated process that requires an appelate attorney. My ex is pro se. We just had our Dec 15 th approved to be continued under extenuating circumstances and I'm pretty sure there is no emergency reason my ex could come up with to get that overturned. But I will not put anything past my ex. The judge we had is a new judge and he did say he will discuss our case with old crazy judge before our change of venue hearing in January.  I'm not too worried. Any person with reason and brains could see how screwed up the judgements have been under crazy judge.

GOOD!!!!

 

Three cheers for common sense!  

 

Blessings to you and your children during this season of blessings!

 

M
 

post #43 of 53

Oh, what wonderful news! hug2.gif

post #44 of 53
Thread Starter 

Ok, he just informed my lawyer he is taking us into court tomorrow morning ex parte. I'm not surprised, I am concerned because I don't know exactly what for and will the old judge be present. I'm assuming he will attempt to overturn the continuance somehow, or say he needs xmas break with the kids. I'm going to expect that any normal judge will not view this as an emergency and throw it out. So let's pray it gets thrown out because go#$%ammit I knew a freaking break here.

post #45 of 53

uav

post #46 of 53

Can there be new information introduced at the ex-parte?  Questions about the chiidren's housing while he's there? 

post #47 of 53
Quote:
Originally Posted by chaoticzenmom View Post

Can there be new information introduced at the ex-parte?  Questions about the chiidren's housing while he's there? 



Oh yes - good point!  DEFINITELY if he thinks he's going to have a merry Yuletide visit at the halfway house, your lawyer should put the nix on that in a hurry.  (I responded to the other update that if anything, your lawyer should say no visit and/or very limited, supervised visit - I forgot about the housing situation on top of the other stuff. 

post #48 of 53

Good lord!  Just when you get a break and some justice.  I can't see how any sane person would see "wanting to see your children for Christmas" as an emergent situation.  An emergency would be some sort of very urgent, unsafe condition.  It is not, I want to see my children here at my house under my terms when there is an ongoing court case.  He could drive up to see them if he "really" wanted to.  I'll pray that sane new judge is on the bench tomorrow and throws this ex parte out.  Then you can Partay! 

post #49 of 53
Avani, how did it go yesterday? (fingers crossed...)
post #50 of 53

it got changed to tomorrow (there's another thread about it).

post #51 of 53
Thread Starter 

Yep, emailing with my lawyer now to prepare a new declaration. We are going to win tomorrow and my ex's hearing is going to get thrown out for the sheer ridiculousness of it.

post #52 of 53
Quote:
Originally Posted by Avani View Post

Yep, emailing with my lawyer now to prepare a new declaration. We are going to win tomorrow and my ex's hearing is going to get thrown out for the sheer ridiculousness of it.



You are amazing!!!  I'm SO GLAD you are being so positive about all this!  I'll keep my fingers crossed for you!!!!!!!!!

post #53 of 53

WOOOOHOOO! jumpers.gif

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