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case management hearing?

Posted by on Apr. 20, 2013 at 8:02 AM
  • 7 Replies
Short summary: final custody hearing was last summer. Dh was granted majority time sharing. Shortly after the order went into effect bm went crazy and dh ended up having to file contempt against her because of her actions. after the contempt hearing was scheduled bms attorney filed a motion of notice in which she listed a bunch of things she claims dh did. All of which are lies, none are violations of the Co, and we have proof to disprove them. In the motion she filed they just asked for the courts to ”take notice” of dhs actions. Dh attorney said it means nothing unless they file for a hearing.

At the contempt hearing bms attorney attempts to bring up the list of things they wrote in the notice, but the judge stops her and says she can't bring it up in the hearing due to the way the paperwork was filed. I don't know if her attorney was trying to be sneaky or is just stupid. Anyways bm was charged with contempt and that was the end of it. No one has filed anything since.

Jump ahead to now, six months later, and dh gets a call from his attorney who says the new judge (last one just moved out of that area of the courts) has read through their case and has set a case management hearing because the judge wants to close their case. Has anyone heard of this before? What can we expect? Dh attorney says the judge is basically going to ask if everything is working and if either party is planning on filing for a change, but knowing bm she's going to make all these complaints and turn it into a big deal. We just really have no idea what to expect so anything you could tell me would be great.
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by on Apr. 20, 2013 at 8:02 AM
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Replies (1-7):
lnr187
by on Apr. 20, 2013 at 8:50 AM

 what?! that doesn't make any sense! so the judge is basically taking them back into court? how stupid.

ramita
by Silver Member on Apr. 20, 2013 at 9:24 AM
I've never heard of it before, but it sounds like they have a lot of open cases and they just want to be able to close it. I'm not sure what will happen though...
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miapia1020
by Bronze Member on Apr. 20, 2013 at 10:46 AM
Quoting lnr187:

 what?! that doesn't make any sense! so the judge is basically taking them back into court? how stupid.



That's what I take from it. I'm mostly pissed because we just finished paying dhs.attorney for the contempt hearing, now we'll have to pay him for this!
BioNerd
by on Apr. 20, 2013 at 12:50 PM

 I am sorry to hear!

Quoting miapia1020:

Quoting lnr187:

 what?! that doesn't make any sense! so the judge is basically taking them back into court? how stupid.



That's what I take from it. I'm mostly pissed because we just finished paying dhs.attorney for the contempt hearing, now we'll have to pay him for this!

 

rebeccasmly
by on Apr. 20, 2013 at 1:51 PM

I honestly have never heard of this! I wish you all luck and hopefully its over quick and easy.

miapia1020
by Bronze Member on Apr. 20, 2013 at 6:03 PM


Thanks, I hope so, too.  I'm hoping they can just go in and say everything's fine, but BM has never been cooperative before, and she does NOT want dh to have majority of the time sharing, so I'm sure she'll have an issue.  *sigh*

Quoting rebeccasmly:

I honestly have never heard of this! I wish you all luck and hopefully its over quick and easy.



momof2ex1
by Ruby Member on Apr. 21, 2013 at 1:11 AM
Generally, when a case has been open for a specific amount of time, the case comes back up on the docket for dismissal. With a new judge, he/she may not want to just dismiss any cases before hearing them all first. I've been on the dismissal docket many times lol. Cases just can't remain open for long periods of time sitting idol with no activity. They'll want to clear everything out at some point. Our county only allows things to sit for 6 months with no activity.
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