Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Question of motion

Posted by on Sep. 23, 2014 at 9:29 AM
  • 9 Replies

Like my past post of contempt charges I have a question. I mentioned the court clerk told my son if he waits to file until the court date it won't cost him since she is taking him to court. She gave him several sheets of the same "motion"  of facts and relief that have to be mailed, hand delivered, or emailed (only by prior agreement of the parties. He is doing all 3 to be sure she can't say that she never got it. Are these any good since the judge won't see the requests until the day of court?

He is asking the court to have her comply with the court orders. How much before their case and how much does he have to write  before he gives her his request. Should just leave it at that or should he list all the contempt issues she's pulled. Does he have to show her the police report?  If she gets the idea that he has proof of her contempt God only knows what elaborate story she'll come up with. Its not beneath her to make a story up if she thinks the court will find in her favor.

 Since this is a CS hearing does any of this matter if he is filing contempt? On another note, she and her mom were discussing the fact that he called the police in front of the boys. The oldest asked my son why he called the police on his momma. My son felt like an ass, he NEVER talks badly about their mom no matter what. Its like a game with her, just like when he was severed by the police on the weekend when he had the boys. Her demand? For him to not have the right to see the boys. A real piece of work.

 

 

by on Sep. 23, 2014 at 9:29 AM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-9):
goldpandora
by Bronze Member on Sep. 23, 2014 at 10:16 AM

" The oldest asked my son why he called the police on his momma"

He should tell his son the truth. The truth is not talking badly about her. The truth in this case was that the child's mother broke/didn't follow the rules given to them by the judge.

There's a big difference between telling the truth and hiding it behind a sugar coating...

tottaxi
by Battle Weary on Sep. 23, 2014 at 10:47 AM

The judge isn't going to see the motions until the hearing anyway.  Or minutes before.  Your son is simply serving her with the notice and what she will be facing in court.  She has a right to prepare a rebuttal for the charges against her.  Your son needs to ask how much time prior to the hearing she has to be served.  I would wait until the required limit.  There's no need to give her additonal time.  He could also have a process serve deliver and that would give him proof of receipt, too.  Of course there is a fee for that service.

Why should your son feel like an ass for callling the police?  The police are The Good Guys!!!  Your son should simply explain that they were helping him.  Too many people are teaching their children that the police are to be feared and are negative aspects of our system.  The ONLY reason to fear the police is if you are a criminal.

karenax
by on Sep. 24, 2014 at 7:28 AM

Thanks again ladies.

Goobergal
by Bronze Member on Sep. 24, 2014 at 10:39 AM

one can only hope judges see past the BS.  Police are often used by oe parent or aother to get you off your A game.  However the police aren't judges and will only preserve the peace that ONE time. That came from my big brother, retired police lt.  LOL

karenax
by on Sep. 25, 2014 at 7:47 AM

 So until the court date if she continues her withholding of the boys he shouldn't make a report?

Quoting Goobergal:

one can only hope judges see past the BS.  Police are often used by oe parent or aother to get you off your A game.  However the police aren't judges and will only preserve the peace that ONE time. That came from my big brother, retired police lt.  LOL

 

tottaxi
by Battle Weary on Sep. 25, 2014 at 8:54 AM
1 mom liked this

No.  He needs the documentation.  Police are paid to do their job EVERY time it is needed. 

SO has his exchanges at the police station.  This might be the best answer for  your son.  He can ask for that at the hearing.  That way if she doesn't appear with the boys for the exchange he can just go inside, they document it.  It also keeps the drama to a minimum...although BM still manages to whine about something at most exchanges, the police quickly put an end to it.

goldpandora
by Bronze Member on Sep. 25, 2014 at 9:45 AM
2 moms liked this

On the contrary, he MUST report it every.single.time. 

Quoting karenax:

 So until the court date if she continues her withholding of the boys he shouldn't make a report?

Quoting Goobergal:

one can only hope judges see past the BS.  Police are often used by oe parent or aother to get you off your A game.  However the police aren't judges and will only preserve the peace that ONE time. That came from my big brother, retired police lt.  LOL



Goobergal
by Bronze Member on Sep. 25, 2014 at 12:59 PM

absolutely keep calling them.  But having police doesn't affect changes that the offending party may want.Judges don't like drama so the judge will look at things more clearly.  Police don't ever break custody orders because they aren't judges.  If he's to have the kids and he can produce that order, they, the police go with that.The make sure you go to the station in a few days and get that report.  Having to use police to exercise your rights as a parent is shitty and looks bad on HER

karenax
by on Sep. 26, 2014 at 8:13 AM

Thanks everyone. The only way this girl will change is if the judge flat out tells her but who knows with her.

Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)