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#31 of 53 Old 12-04-2010, 09:59 AM
 
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Wow!  I am so glad.


Not to be a downer, but will the case go back before the original ridiculous judge in February?  Does what this new judge decided have sticking power?!  I so totally hope so.

 

I agree, though, focus on the coming weeks and taking care of yourself, your kids and your school work!

 

Blessings!

 

M

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#32 of 53 Old 12-04-2010, 12:30 PM
 
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I'm happy to hear you say that you are GIDDY and RELIEVED!!! Those are two words I don't think I have ever seen you write...okay, I think the relieved thing when he took them across state lines and all that jazz, but never in such a positive way before. I love, love, love seeing you happy!!!!!!!!! biggrinbounce.gif


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#33 of 53 Old 12-04-2010, 01:39 PM - Thread Starter
 
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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.

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#34 of 53 Old 12-04-2010, 08:59 PM
 
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Yay!!!! Merry Christmas to you!!


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#35 of 53 Old 12-04-2010, 09:12 PM
 
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This is the best news I've heard in a long time! I thought this ridiculous situation would never break! SO happy for you and your family!


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#36 of 53 Old 12-04-2010, 10:47 PM
 
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congratulations!!  i am so happy for you and relieved to see that there is justice.  what a great holiday gift for your family!

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#37 of 53 Old 12-04-2010, 11:16 PM
 
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#38 of 53 Old 12-04-2010, 11:25 PM
 
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avani, i am sooo grateful to your lawyer. she has stood thru thick and thin for you. all pro bono. i am so so so happy you have her. someone who obviously believes in you. you have the support right where you need it.

 

i hope this is a harbinger of things to come.

 

i hope the new judge sees the injustices done and that he gets the money ball rolling so you dont have to kill yourself over being a mom and student.

 

and can i say how much i admire you avani. you have never backed down. i am also a fulltime student with one child who i coparent.

 

for the life of me i just cannot imagine how you do it with six children and five classes with calculus being one of them and i am sure some science classes there too.

 

you deserve sooo much avani for all you have been handling all these years. what you have dealt with and were able to get away from.

 

good luck to you on your finals. and after that i really hope you get to put your feet up and get some rest the avani way. you sooo deserve it.


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#39 of 53 Old 12-05-2010, 07:38 AM
 
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How did I miss this?!? Awesome news Avani!!! Enjoy your stress free holiday season joy.gif


Steph, DH Jason (1-1-11), DS Owen (10-3-03) and DS Kai (10-13-11)

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#40 of 53 Old 12-05-2010, 08:32 AM
 
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Quote:
Originally Posted by doubledutch View Post

what a relief!  finally some justice. 



 Amen for this statement.  'Tis the season of miracles--now, let's see if good things will come for all of us.

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#41 of 53 Old 12-05-2010, 10:08 AM
 
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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


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#42 of 53 Old 12-05-2010, 11:54 AM
 
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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
 

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#43 of 53 Old 12-06-2010, 06:30 AM
 
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Oh, what wonderful news! hug2.gif

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#44 of 53 Old 12-06-2010, 09:19 AM - Thread Starter
 
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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.

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#45 of 53 Old 12-06-2010, 09:23 AM
 
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uav


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#46 of 53 Old 12-06-2010, 09:29 AM
 
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Can there be new information introduced at the ex-parte?  Questions about the chiidren's housing while he's there? 


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#47 of 53 Old 12-06-2010, 01:11 PM
 
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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. 

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#48 of 53 Old 12-07-2010, 09:38 PM
 
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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! 

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#49 of 53 Old 12-08-2010, 01:39 PM
 
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Avani, how did it go yesterday? (fingers crossed...)
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#50 of 53 Old 12-08-2010, 02:24 PM
 
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it got changed to tomorrow (there's another thread about it).

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#51 of 53 Old 12-08-2010, 02:40 PM - Thread Starter
 
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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.

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#52 of 53 Old 12-08-2010, 05:25 PM
 
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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!!!!!!!!!

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#53 of 53 Old 12-08-2010, 06:36 PM
 
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