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

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WolfgangW

Junior Member
Gotta give you a bit of credit for knowing what a "blue meanie" is. ;)
Does not everybody know them? I mean I will at a certain time also introduce my kid to the yellow submarine. Just that you forgot to mention what type of the blue meanies you are supposed to be. A butterfly stomper? ;)

Anyhow, helps always to laugh, especially if one has to go through stone cold court procedures. So thanks for the cheer...


PS. did not like Yellow submarine that much though, my favorite is still the white album.
 


Proserpina

Senior Member
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.

I do have messages turned on - just not for everyone. :cool: Besides, it's Sunday...and Sunday means football in this house.

Look. We can go back and forth for weeks. I'd rather we did not do that. But the bottom line is that you need help...because I think you're in for quite the surprise. Think about it.
 

WolfgangW

Junior Member
I do have messages turned on - just not for everyone. :cool: Besides, it's Sunday...and Sunday means football in this house.

Look. We can go back and forth for weeks. I'd rather we did not do that. But the bottom line is that you need help...because I think you're in for quite the surprise. Think about it.
OK, sorry I am not into football, so I do not know. Wanted just to message you in short the facts. No biggie. And I understand that I may be in for a surprise, therefore I prepare for a normal trial, since its the judges house and he makes the rules and no one else.
More I can't or couldn't do anyway. Would have been just too easy to get a default though....yet my guess is a continuance. I will let you know during the week on this thread here how it went. So enjoy your football....still did not find out what Q4P means though. :eek: Have a good Sunday.
 

Proserpina

Senior Member
OK, sorry I am not into football, so I do not know. Wanted just to message you in short the facts. No biggie. And I understand that I may be in for a surprise, therefore I prepare for a normal trial, since its the judges house and he makes the rules and no one else.
More I can't or couldn't do anyway. Would have been just too easy to get a default though....yet my guess is a continuance. I will let you know during the week on this thread here how it went. So enjoy your football....still did not find out what Q4P means though. :eek: Have a good Sunday.


(thanks! alas my boys lost, but so did the Seahawks)

Look. You're incredibly frustrated and that's to be expected. But you're going into court without an attorney and the court will expect you to act like an attorney. You're going to have to watch what you say. They're not stupid - they can and will have you all figured out in about 5 minutes flat. You want facts, not stories or emotional statement.

And this is the part I think you need to take notice of: You're not fully understanding contempt to begin with, and I honestly think that if you don't change your path before Thursday, you're really not going to like the results.
 

WolfgangW

Junior Member
(thanks! alas my boys lost, but so did the Seahawks)

Look. You're incredibly frustrated and that's to be expected. But you're going into court without an attorney and the court will expect you to act like an attorney. You're going to have to watch what you say. They're not stupid - they can and will have you all figured out in about 5 minutes flat. You want facts, not stories or emotional statement.

And this is the part I think you need to take notice of: You're not fully understanding contempt to begin with, and I honestly think that if you don't change your path before Thursday, you're really not going to like the results.
Sorry that your boys lost, BUT I am glad the Seahawks lost too :rolleyes:...hope they going to lose some more. Dont like them, I prefer the Sounders over them any time.

And thanks for a real, unbiased statement. I had hoped everybody would have written that way. I understand what you are saying, but you should not underestimate me sooo much. Of course I am emotionally involved, can't deny it, and of course they expect me to act like an attorney and knowing all the rules etc.
BUT the opposite side comes also without attorney, as I found out today and that will be my "ace in the sleeve"....I did my homework, the opposite didn't. And I wont attack full frontal anyway, I wish I would be the respondent though, my defense is better than my offense. I will only attack once although the petitioner.

And to be clear, since I wont be able to go for a default, I wont be even mentioning the contempt if the judge does not bring it up. IF he does, well, I will have the filled out contempt motion in my folder. I will just do my side, and then let the opposition start to bring evidence, witnesses etc and then, well you know then....and then the judge MUST say something, decide if its admissible. And although I do not have any lists, I am fully prepared for any POSSIBLE witness, I just won't admit it.

The ace in the other sleeve is that the opposite cannot get custody, cannot file a motion, cannot get or do jack or much at least, since the parenting class was not completed. That is clearly stated in the court rules. First step 1...then the rest. And I do and did not want to jump the ladder, I try to climb it, and know it will be difficult, nevertheless the circumstances. Its not a game, yet in strategy it may refer to one.


Its too short to provide you with my strategy, but just imagine a polite person, which I am going to be, stating just the facts and laws supporting it, short and simple and a bit of emotions in it, since I do not want to look like a stone cold parent who pretends to be a lawyer. And then imagine the attacking opposition who will not like the facts, which I will only "counterattack" as much as needed with every kind of objection that is in the books, which will cause then an even more forceful attack from the opposite side, and then finally the the sniper rifle gets out (expression) for the king or at least the queen. In simple, if it comes to the trial, if we really go for it, I am not worried, especially not if there is no lawyer on the other side. I actually WANT them to attack me. Trial will be intense, but I was way more worried about the possibility of a further continuance.
CJane wrote in the very first response, 'if you want to try to play chess in court, get an attorney'. Well I am a very good chess player and I prefer black, funny, but true....(I mean now real chess).

And IF it comes to a continuance, I promise you but rather I promise the child, that I will get me a lawyer, maybe not the most expensive one, but a biter...or a blue meanie. :)
Thanks to all, for all the advice, indirect or direct, and as stated I will let you know here how it went. IF I dont post anything, then I probably cry in my pillow :) and prepare for an appeal for a violation of due process. And that will fly...because its my right, in accordance to the constitution to have beforehand insight in things.

I hope for the best, which would be the trial happening, and expect the worst, a further continuance. So we shall see.....and if your team has to play the Seahawks, give them some from me too. :D Thanks for your help and sorry if i came around arrogant, I know I am an amateur and don't know jack myself. Too late to change it. But one thing I learned, although I write always way too much, in court it's SHORT AND SIMPLE to the point! Thanks!
 

WolfgangW

Junior Member
FYI as promised, case went to trial, got 50.50, so not much difference to the temp custody. One subject went fully in my direction, that I can leave with the kid the country without other parties permission during schoolbreaks and during my parenting time. Also can apply for passports by myself. Since I am from Europe this was one of the most important issues to me whilst respondent opposed.

I also guess I could try to appeal, due to the violation of due process, but then only with attorney. I had no insight into anything the respondent presented and just found out during the trial that a pending DUI is ongoing against the respondent, whilst respondent is already on probation. YET I think I take it, since the new schedule works better with my work schedule.

So Pro was kinda or kinda more right about the surprise outcome and that judges can make decisions on the go without even considering completely local court rules. Don't really know if I should be happy or upset though....:rolleyes:
Guess that is what happens in court, nobody is really happy with the outcome, although I have actually reasons for it. I just hope that the best interest of the child was served and there I have serious doubts. Adults might or might not be happy, but what matters most is the child.

Thanks everybody for the input, especially Pro!
 

Proserpina

Senior Member
FYI as promised, case went to trial, got 50.50, so not much difference to the temp custody. One subject went fully in my direction, that I can leave with the kid the country without other parties permission during schoolbreaks and during my parenting time. Also can apply for passports by myself. Since I am from Europe this was one of the most important issues to me whilst respondent opposed.

I also guess I could try to appeal, due to the violation of due process, but then only with attorney. I had no insight into anything the respondent presented and just found out during the trial that a pending DUI is ongoing against the respondent, whilst respondent is already on probation. YET I think I take it, since the new schedule works better with my work schedule.

So Pro was kinda or kinda more right about the surprise outcome and that judges can make decisions on the go without even considering completely local court rules. Don't really know if I should be happy or upset though....:rolleyes:
Guess that is what happens in court, nobody is really happy with the outcome, although I have actually reasons for it. I just hope that the best interest of the child was served and there I have serious doubts. Adults might or might not be happy, but what matters most is the child.

Thanks everybody for the input, especially Pro!


We have more in common than I thought - I'm European, too.

(I might have mentioned that before)

That last sentence of yours, should be stamped on the forehead of every parent who forgets what it's really all about. :)
 

WolfgangW

Junior Member
We have more in common than I thought - I'm European, too.

(I might have mentioned that before)

That last sentence of yours, should be stamped on the forehead of every parent who forgets what it's really all about. :)
Who would have thought that, you did not mention it. I am from Germany, Saarland, close to Luxembourg. And ja you are right, every parent should have that on his or her forehead, yet that is now my problem. I can live with the outcome, but if its really the best for the kid, I have serious doubts about it. I will sleep over it, think about it again and again and again.... :confused:

We were talking (yes we two) about this case once about a year ago in a different thread and with a different log in and some things you mentioned then came today up, I would not have thought it, but the judge really came up with it and I was even smiling since I thought of what you've said at the time. And exactly that was then the factor for the 50.50.....judge was a bit biased, but aren't we all? Anyhow, it was really really interesting and to all other people who will ever read this thread, Pro is very often right even if one does not believe it or like it or does not like the typical european cynical/sarcastic way its said sometimes. :cool: IF I would have ever known you are european, I would have understood way better how its meant. I found it out today how it was meant, but as stated, can live with the outcome.
So thanks again and bye.

PS. I may appeal though.....there were really some court rule errors, but will sleep over it first.So maybe til next time....when it will be named: "how to appeal a child custody case?" :D (People, ONLY if there was a factual error made in regards to court rules and procedures and ONLY if you can prove it! Appeal courts do not like to overrule custody cases. And last but not least, still ONLY if you REALLY believe and be realistic enough that it would benefit the child and not your ego!!!)
 

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