Ex just filed a hearing for tomorrow - Mothering Forums

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#1 of 57 Old 12-06-2010, 09:31 AM - Thread Starter
 
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My lawyer just informed me that he has filed an ex parte for tomorrow a.m. I don't know if it will be crazy judge or the new judge and I don't know exactly what he is attempting to do. Ex parte means an emergency. If he is trying to overturn the continuance I don't know if he can and if he is saying this is about getting the kids for christmas break then it can't be considered an emergency, by a normal judge. If it's crazy judge who knows. Seriously ladies I need a reprieve from this. It is too much. Way too much. I finally got settled in knowing I could have some peace through the holidays and now I'm scared and stressed again. I can't focus on my finals, again. This isn't right.

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#2 of 57 Old 12-06-2010, 09:52 AM
 
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Oh no! Man oh man, I'm sorry. I was SO hoping you could get through the holidays peacefully. So will your lawyer be able to be there? Am keeping my fingers crossed that X doesn't show, or at least that Crazy Judge isn't there.

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#3 of 57 Old 12-06-2010, 09:59 AM
 
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I'll be thinking about you.  I hope it goes well.  As always, update us when you know.

 

And seriously, isn't there SOMETHING that can be done about the way that he abuses the system???

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#4 of 57 Old 12-06-2010, 10:08 AM
 
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maybe he wont show up

crosses fingers!


  

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#5 of 57 Old 12-06-2010, 10:19 AM
 
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OMG. Saying a prayer it's the new judge and he gives him a smackdown.

 

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#6 of 57 Old 12-06-2010, 10:56 AM
 
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good god, I'm praying for you that the new judge is the one receiving the request for the ex parte...

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#7 of 57 Old 12-06-2010, 11:29 AM
 
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Oh good gracious. That is insane! I will be keeping u in my thoughts tomorrow

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#8 of 57 Old 12-06-2010, 11:33 AM
 
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:( I'm so sorry for this kind of stress and drama!


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#9 of 57 Old 12-06-2010, 11:40 AM
 
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#10 of 57 Old 12-06-2010, 01:05 PM
 
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Honestly.  I feel for you!  And I don't see how he gets into the courtroom so fast!   ...Wait!  Wasn't there some thing where he asked for too many "emergency" hearings and they were going to clamp down on that?  Make your lawyer utilize that.  And maybe instruct her to NOT just agree to whatever he's trying to demand; like if he wants a holiday visit, to limit the number of days, AND he has to pay for transportation (better yet - to have the visit in your city)... even better, if she can say "No", he hasn't completed the batterer's program, so all visits must be supervised.  Basically to make the kids available (so you look good) but very limited and on your terms.  Your lawyer should be on board with that.  AND remember that whatever happens, you can appeal.

 

I guess the "good" part is that it'll be over with quickly, so you can focus on your finals again.  And I hope it's the judge that slapped him around last week.  Hoping hard tomorrow's hearing ultimately beings you more peace! 

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#11 of 57 Old 12-06-2010, 01:12 PM
 
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Quote:
Originally Posted by MissLotus View Post
 
...Wait!  Wasn't there some thing where he asked for too many "emergency" hearings and they were going to clamp down on that?  Make your lawyer utilize that. 


Yes!  What happened to that????  Oh I hope he doesn't show up!!!!!!!

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#12 of 57 Old 12-06-2010, 01:17 PM - Thread Starter
 
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We have a scheduled hearing for that in January. We have 5 counts of no shows via his ex parte hearings. I am waiting on my lawyer to contact me. She only texted  me this morning about the hearing but no details yet because she is in court all day representing her other clients. Bless her heart for sticking with me. I'll let you know when I hear from her. I am staying strong because screw him.

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#13 of 57 Old 12-06-2010, 01:54 PM
 
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Sending positive vibes!!! goodvibes.gif

 

Ex, you lost the last one. Suck it up and stop messing with Avani and HER babies!!!!!


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#14 of 57 Old 12-06-2010, 02:15 PM - Thread Starter
 
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Ok just talked to my lawyer. He is filing an ex parte stating we went behind crazy judge's back in order to stop ex from getting xmas break with the kids. He is stating that my lawyer knew ahead of time that crazy judge would not be in that day that we went in with our reconsideration. Holy mother of I don't know what. Seriously. Conspiracy theory? Paranoid much? Geez. So yes crazy judge will absolutely be overseeing this ex parte hearing. My lawyer said because of who this judge is it is totally possible he could overturn everything. Any normal judge would not. Obviously. First of all my lawyer can not be at the ex parte tomorrow due to her having to be to two other hearings already. So my ex will have to reschedule it for a different day this week. So possibly Wed or Thurs instead. If the judge does over turn this then my lawyer will file the appeal/writ. So much for relaxing and preparing for the holidays.

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#15 of 57 Old 12-06-2010, 03:03 PM
 
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Avani, I'm so sorry you're going through all this. It's awful. I hope you're able to relax at least a little and enjoy the holidays.

 

As for court... I don't know the technical names for all this, but he's basically appealing your appeal? And then you'll appeal again? What would stop him from appealing that, and this going on and on forever? It just seems like there should a point where this ends. 

 

Good luck to you. I hope this can at least get stalled until the new year.

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#16 of 57 Old 12-06-2010, 03:40 PM - Thread Starter
 
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I think only a bullet could stop him. No that probably wouldn't work either. Anyone can go in ex parte and anyone can file as many as they want. Hopefully via our hearing in January we can put a stop to them.

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#17 of 57 Old 12-06-2010, 05:39 PM
 
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Best of luck.  shamrocksmile.gif


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#18 of 57 Old 12-06-2010, 06:52 PM
 
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I am sorry to say that this turn of events does not surprise me, Avani!  I am SO sorry, but not surprised.  I didn't think the crazy judge could be that easily avoided.  Your X sure is aggressive, though.  Must have nothing better to do.

 

I will keep you and your children in my prayers!

 

M

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#19 of 57 Old 12-06-2010, 09:17 PM
 
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Imagine living just to be a thorn in someone's side! Disgusting!


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#20 of 57 Old 12-06-2010, 10:05 PM
 
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:( Hang in there Avani. How totally depressing.  On the positive, your Lawyer seems to be an amazing lawyer.  I think it's absolutly amazing that you have such a great person defending you and your kids in this super hostile enviornment.  You hang in there, and I wish there was more I could do to help you...


Married to Michael and Mother of Jake 9, Jillianne 7, Jensen 5, Jacen 4. I've got severe osteoporosis, a fractured hip and chronic pain-so please be patient with me! Pagan,Crocheter,Reader,Homeschooler- that's me in a nutshell.

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#21 of 57 Old 12-07-2010, 02:32 AM
 
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I just wanted to cry when I read this. I'm so sorry. Good luck.

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#22 of 57 Old 12-07-2010, 07:20 AM - Thread Starter
 
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My ex called my lawyer again reminding her he was requesting all of christmas break regardless of what happens with the hearing. He is requesting I bring them to him and drop them off the day they get out of school and for me to pick them up where he lives on the Sunday eve. right before they need to be back in school. He requested I bring all schoolwork for them since they will be missing school due to the trip. Notice he wants me to pick them on Sunday night. Considering it is a 14 hr drive, unless there is snow on the passes, how would I get the kids back to school on time Monday morning? He is insane. I hope a judge reads that proposal and sees the severe inadequacies in a parent wanting their kids to miss so much school.

 

Anyhow we sent him a return letter stating that due to an arrest being made in his home 2 months ago that we are highly concerned about children staying there and that we will not be offering him any of the break until more information is shown that his home is safe for visiting. My hope is that this will scare him into not even bothering to show for the hearing. Please please please!

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#23 of 57 Old 12-07-2010, 08:02 AM
 
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Keeping all digits crossed for you!

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#24 of 57 Old 12-07-2010, 08:11 AM
 
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"he was requesting all of christmas break regardless of what happens with the hearing."

 

Why certainly, ex.  That makes perfect sense.  I'm sure Avani would just love to hand her children over to you for all of the holidays, regardless of what happens at the hearing.  Why wouldn't she?  Why would she want to spend the holidays with the children that she parents, and you do not?  Why shouldn't she abandon all of her concerns about your long-term abusive behavior?  And the half-way house you're living in - my, that would be a wonderful place for the children to spend their holidays.  What fond memories you'd be giving them!  And why shouldn't Avani ignore the fact that you have not paid a cent in child support for years, for these children that you cherish so tenderly.  And oh, you want her to provide all of the transportation each way, as well?  Certainly.  You're such a good father.  We would hate to cause you difficulty in any way.  Is there anything else, ex?  Would you like for her to start paying you alimony, perhaps?  On a silver tray, maybe?  That's the only thing you haven't thought of yet.   You've given so much of yourself already.   

 

 

OUTRAGEOUS! 

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#25 of 57 Old 12-07-2010, 09:05 AM
 
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He says that you went behind the other judges's back??

I can only understand that to mean that he's got something going on with that judge and did not have time to properly intimidate or bribe the new judge...


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#26 of 57 Old 12-07-2010, 09:11 AM
 
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Oh, Avani. You have been heavy on my mind all night :(  I hope you get a judge that can see all of this for what it really is. I hope that the crazy judge is either not there, or has a major epithinay(sp) and wakes up (one can hope).  I will continue to pray and send you good vibes....


Married to Michael and Mother of Jake 9, Jillianne 7, Jensen 5, Jacen 4. I've got severe osteoporosis, a fractured hip and chronic pain-so please be patient with me! Pagan,Crocheter,Reader,Homeschooler- that's me in a nutshell.

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#27 of 57 Old 12-07-2010, 09:53 AM
 
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i also hope that this has him shook.  i cannot believe the nerve that he has and what his is doing is just showing how miserable he really is.  i'll be thinking of you.


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#28 of 57 Old 12-07-2010, 10:22 AM
 
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Im kinda speechless...........

 

And that never happens. 

 

goodvibes.gif

 

These arent for OP, these are actually for something much naughtier that I wont post for fear of being banned. 

 

praying.gif

 

That is for OP.  And some grouphug.gif

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#29 of 57 Old 12-07-2010, 10:31 AM
 
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My first thought, upon reading the Xmas break stuff, was, "Cracky McCrackhead, anyone???" Haha.

 

But, that got me thinking... I'm sure this has been said before and I've just missed it, but has he been tested for drugs? Do you know if he's clean or not? Just wondering...I can totally imagine a scenario where you and your lawyer request he be drug tested and then Crazy Judge spins it around and tests you instead. eyesroll.gif Or something equally ridiculous. 

Or, maybe Crazy Judge should be drug tested? lol.gif


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#30 of 57 Old 12-07-2010, 10:32 AM
 
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Quote:
Originally Posted by MissLotus View Post

"he was requesting all of christmas break regardless of what happens with the hearing."

 

Why certainly, ex.  That makes perfect sense.  I'm sure Avani would just love to hand her children over to you for all of the holidays, regardless of what happens at the hearing.  Why wouldn't she?  Why would she want to spend the holidays with the children that she parents, and you do not?  Why shouldn't she abandon all of her concerns about your long-term abusive behavior?  And the half-way house you're living in - my, that would be a wonderful place for the children to spend their holidays.  What fond memories you'd be giving them!  And why shouldn't Avani ignore the fact that you have not paid a cent in child support for years, for these children that you cherish so tenderly.  And oh, you want her to provide all of the transportation each way, as well?  Certainly.  You're such a good father.  We would hate to cause you difficulty in any way.  Is there anything else, ex?  Would you like for her to start paying you alimony, perhaps?  On a silver tray, maybe?  That's the only thing you haven't thought of yet.   You've given so much of yourself already.   

 

 

OUTRAGEOUS! 


That's weird. Looks like he forgot to demand a foot massage, to be hand-fed fruits, and fanned with palm fronds.

 

 

I hope you get things straightened out, Avani. What do your kids think of all of this? (I forgot how old they are)


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