Default judgment in child custody case?? Useful?? Default or continuance?

[CJane]

But I will try the default nevertheless...

On what grounds? Because "she didn't follow the rules exactly, and I did" isn't grounds for a default judgment. The rules are clear.

 

[Proserpina]

On what grounds? Because "she didn't follow the rules exactly, and I did" isn't grounds for a default judgment. The rules are clear.

While it's not OP's fault (well....) OP has no real idea of what happens in WA court-rooms. I did note too, that sole legal custody would be ordered (according to OP). There is really only a teeny handful of circumstances where that will be ordered against the wishes of the other parent - and that tends to be in the midst of some very, very bad things.

As in, "We don't have enough to TPR, but we can give you sole legal with supervised visitation for the other parent".

 

[WolfgangW]

While it's not OP's fault (well....) OP has no real idea of what happens in WA court-rooms. I did note too, that sole legal custody would be ordered (according to OP). There is really only a teeny handful of circumstances where that will be ordered against the wishes of the other parent - and that tends to be in the midst of some very, very bad things.

As in, "We don't have enough to TPR, but we can give you sole legal with supervised visitation for the other parent".

Thank you CJane, finally a real answer. The grounds would be contempt and sanctions for repeated contempt CAN, become a default judgment. Further the lack of parenting class, no judge in WA state would sign off a PP from one parent who did not participated in a parenting class. (Exceptions may exist, but its very uncommon)

As to Proserpina, I've said approval of my proposed parenting plan, which includes the mandated (by law) legal decision making. The case is not so much about that, there may be exceptions as well, but also judges will go mostly by the mandated statutes, its "only" about the residential time, the rest goes 'by the book'. I will not go into details, yet they may include supervised visits, since the circumstances belong onto this "teeny handful"....although I do not know what TPR means.
Like I said, if one considers this, just hypothetical for crying out loud, one could or should understand WHY the other party plays on time. I know one cannot 'run' forever from "the day it all comes down", and I just try to take a shortcut and therefore asked that question if its useful, worthwhile etc etc.

And I do not know, to come back to CJane, if the degree of contempt/non compliance, will be sufficient for such a drastic sanction like a default ruling, but I believe both of you would try it too, so a judge will look at things, even with just one eye and even if there is only 1% chance that he may...

Believe it, even if you don't believe it.

 

[Proserpina]

You know, I almost didn't respond. Then I re-read the thread, and I'm concerned about something.

It's just a quick question - there's no negative intent behind it (it's a yes/no if you'd prefer).

Are you in either King or Pierce County?

 

[CJane]

I can't think of a single situation in which a default judgment would be an appropriate "sanction" for contempt. And the other party in this case ISN'T in contempt.

Default judgments are (almost) exclusively reserved for cases wherein the respondent does not respond to the filings, or in any way present a defense/counter the motions. Mom HAS done that. Maybe not to your liking, but that's not a requirement.

 

[stealth2]

but I believe both of you would try it too, so a judge will look at things, even with just one eye and even if there is only 1% chance that he may...

Believe it, even if you don't believe it.

So good to know that Wolfie understands both of you so well.

Family Court judges tend to give parents lots of chances before wielding Maxwell's Silver Hammer. Especially so early in the game as you are.

Believe it, even if you don't believe it.

 

[TinkerBelleLuvr]

How long has this dragged on? How many continuances are we talking? Is it one continuance? Six? I had an obstinant X. If you are using an attorney, ask that the courts have your X liable for attorney fees due to the continuances. Hit them where it hurts - their pocketbook.

Be prepared, when in court to say, "We have been here x amount of times. There has been nothing done by the other party. " Be prepared to document time frames. I had a timeline (brief) available for all parties. I used that in court and made things happen.

 

[WolfgangW]

You know, I almost didn't respond. Then I re-read the thread, and I'm concerned about something.

It's just a quick question - there's no negative intent behind it (it's a yes/no if you'd prefer).

Are you in either King or Pierce County?

Its King county, if you have access to court files, please keep it confidential and just use the messaging system here. Thanks. I guess you know what I mean if there was no negative intent behind it. And I know now I wont get a default ruling, I just read the local court rules twice to find an exception and the sanction for contempt (and it is and will be contempt CJane) is mostly financial sanctions.

Its nevertheless goofy to get continuance after continuance and it may make the judge a bit upset.....

And CJane, non disclosure of discovery is very likely to be accounted as contempt (especially if it happened twice), further its also contempt not to file the mandatory court ordered parenting class certificate. If it goes to trial, without continuance, I will just present my case and just will oppose any admission of any evidence or witness of the opposite party (which will be up to the judge to decide, I know). But I guess the outcome will be quick and is called a further continuance.

So TinkerBell is right, hit them where it hurts and most people are hurt when someone goes onto their wallet. It is or rather will be the second continuance Tinker. And I know its not the longest case ever (someone wrote here that he had a 9year long custody battle, this is 15months), but it's just annoying to drag it out further when it would especially benefit the child to get some kind of "normality" in the life, which one can rely on and not worry that in 90days everything will start over again. And furthermore during which one has to look for the slightest mistake, which may used against one. Oh and no Tinker, I am going pro-se. I know its a bad choice for this type of high conflict case, but if a lawyer asks for 15k retainer....well....then its a bit too expensive for my wallet and with the second best I won't go.
Nevertheless it gives me or rather will give me more time to continue with the current status quo. And that we both can believe.

 

[WolfgangW]

How long has this dragged on? How many continuances are we talking? Is it one continuance? Six? I had an obstinant X. If you are using an attorney, ask that the courts have your X liable for attorney fees due to the continuances. Hit them where it hurts - their pocketbook.

Be prepared, when in court to say, "We have been here x amount of times. There has been nothing done by the other party. " Be prepared to document time frames. I had a timeline (brief) available for all parties. I used that in court and made things happen.

Ja, good advice Tinker, I will create a timeline on paper right now. The trial brief is already served. And I just thought (thought too much I suppose), that a judge will see that nothing was done by the opposite party but come to court and ask for a continuance and file some response papers to the court.

(And yes, I did of course pay for the papers to get a copy of it from court files, yet it is not my job to admit it and I did not respond to the response. Made once a mistake though when the continuance hearing was set and I showed, although "officially" not aware of it. Was really a mistake from my side since the other party would not have gotten a continuance at that time without officially informing me (serving me) of the hearing that took place. Just that some people want to get it over with.)
Anyhow, thanks again for the advice Tinker.

 

[Proserpina]

Its King county, if you have access to court files, please keep it confidential and just use the messaging system here. Thanks. I guess you know what I mean if there was no negative intent behind it. And I know now I wont get a default ruling, I just read the local court rules twice to find an exception and the sanction for contempt (and it is and will be contempt CJane) is mostly financial sanctions.

Its nevertheless goofy to get continuance after continuance and it may make the judge a bit upset.....

And CJane, non disclosure of discovery is very likely to be accounted as contempt (especially if it happened twice), further its also contempt not to file the mandatory court ordered parenting class certificate. If it goes to trial, without continuance, I will just present my case and just will oppose any admission of any evidence or witness of the opposite party (which will be up to the judge to decide, I know). But I guess the outcome will be quick and is called a further continuance.

So TinkerBell is right, hit them where it hurts and most people are hurt when someone goes onto their wallet. It is or rather will be the second continuance Tinker. And I know its not the longest case ever (someone wrote here that he had a 9year long custody battle, this is 15months), but it's just annoying to drag it out further when it would especially benefit the child to get some kind of "normality" in the life, which one can rely on and not worry that in 90days everything will start over again. And furthermore during which one has to look for the slightest mistake, which may used against one. Oh and no Tinker, I am going pro-se. I know its a bad choice for this type of high conflict case, but if a lawyer asks for 15k retainer....well....then its a bit too expensive for my wallet and with the second best I won't go.
Nevertheless it gives me or rather will give me more time to continue with the current status quo. And that we both can believe.

You're in King County? You need an attorney.

I do not mean "an attorney might help you". I mean "You NEED an attorney". And you had better believe that.

 

[Proserpina]

Its King county, if you have access to court files, please keep it confidential and just use the messaging system here. Thanks. I guess you know what I mean if there was no negative intent behind it. And I know now I wont get a default ruling, I just read the local court rules twice to find an exception and the sanction for contempt (and it is and will be contempt CJane) is mostly financial sanctions.

Its nevertheless goofy to get continuance after continuance and it may make the judge a bit upset.....

And CJane, non disclosure of discovery is very likely to be accounted as contempt (especially if it happened twice), further its also contempt not to file the mandatory court ordered parenting class certificate. If it goes to trial, without continuance, I will just present my case and just will oppose any admission of any evidence or witness of the opposite party (which will be up to the judge to decide, I know). But I guess the outcome will be quick and is called a further continuance.

So TinkerBell is right, hit them where it hurts and most people are hurt when someone goes onto their wallet. It is or rather will be the second continuance Tinker. And I know its not the longest case ever (someone wrote here that he had a 9year long custody battle, this is 15months), but it's just annoying to drag it out further when it would especially benefit the child to get some kind of "normality" in the life, which one can rely on and not worry that in 90days everything will start over again. And furthermore during which one has to look for the slightest mistake, which may used against one. Oh and no Tinker, I am going pro-se. I know its a bad choice for this type of high conflict case, but if a lawyer asks for 15k retainer....well....then its a bit too expensive for my wallet and with the second best I won't go.
Nevertheless it gives me or rather will give me more time to continue with the current status quo. And that we both can believe.

Q4P.

Wow.

 

[WolfgangW]

Q4P.

Wow.

I really dont know what Q4P means. And I understand what you are saying in your prior post, its just a bit too late anyway. And if you would have turned your private messages on, you would have now the case number. But I understand that some people may overflood inboxes. Had the same experience on other platforms.

 

[Just Blue]

I really dont know what Q4P means. And I understand what you are saying in your prior post, its just a bit too late anyway. And if you would have turned your private messages on, you would have now the case number. But I understand that some people may overflood inboxes. Had the same experience on other platforms.

www.mentalhealth.org.

 

[WolfgangW]

www.mentalhealth.org.

As the name says, meanie, (Beatles fan?), but what has the thread with mental health to do if someone asks for a legal advice?
You know everyone in this world has to some level mental probs, even you, and only the ones who state that they are not some sort of borderline this or that are the real sickos.

sad part is, to come back to the topic, that one has sometimes to go with exactly them to court...to take children from beyond the blue mountains and bring them to the strawberry fields....forever.

 

[Just Blue]

As the name says, meanie, (Beatles fan?), but what has the thread with mental health to do if someone asks for a legal advice?
You know everyone in this world has to some level mental probs, even you, and only the ones who state that they are not some sort of borderline this or that are the real sickos.

sad part is, to come back to the topic, that one has sometimes to go with exactly them to court...to take children from beyond the blue mountains and bring them to the strawberry fields....forever.

Gotta give you a bit of credit for knowing what a "blue meanie" is.