• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

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

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

WolfgangW

Junior Member
Washington state.

Long story short, I am the petitioner in a child custody case, filed and served everything appropriate to the respondent and the trial is upcoming in a week from now.

The respondent did not serve me any papers during the complete process (filed in court some things, like PP and a declaration). Further did the respondent not participate in the mandatory parenting class. And last but not least I also was not disclosed the exhibit, witness and document lists by the respondent. Respondent was further allowed so far one continuance and was reminded to provide the parenting class by the residing judge then. All deadlines passed, only trial remains.

The children reside currently mostly with me, with parenting time for the respondent.

And here the question: Is it useful or even possible to ask the judge at the trial for a default ruling to approve my proposed parenting plan? Are the grounds of non-compliance sufficient?
I do not want another continuance, since it would just reward the opposite side for further non-compliance of mandatory court rules and dead lines. I understand that a continuance is the most likely outcome, yet when is enough enough? And therefore I want to turn now the non compliance of the other party to my advantage for a change.

And why I asked if its useful to motion a default ruling: It seems that default judgments can be easily overturned/appealed and then the whole mess will start over again. I understand that it would give me time to further establish a status quo but then another continuance would be more useful since the timelines of a continuance are usually 90days, whilst the overturnig of a default judgment may take only 30days. It is just upsetting that it is so simple to gain time, when one just has not to comply and then gets, at least indirect, rewarded for it.

I thank everybody in advance for his/her input.
 


CJane

Senior Member
If you're going to attempt to use the courtroom as a chess board, looking for advantages to you and missteps by the other party, you need an attorney.

Did you properly handle discovery requests?
Why have continuances been granted previously?
How disparate are the proposed parenting plans?
What makes you think that you need to be served with anything?
Does the other parent have an attorney?
 

stealth2

Under the Radar Member
If you're going to attempt to use the courtroom as a chess board, looking for advantages to you and missteps by the other party, you need an attorney.

Did you properly handle discovery requests?
Why have continuances been granted previously?
How disparate are the proposed parenting plans?
What makes you think that you need to be served with anything?
Does the other parent have an attorney?
I agree. And add that the ultimate loser will be your kid.

My lawyer tols me once "It will take as long as it takes."
 

WolfgangW

Junior Member
If you're going to attempt to use the courtroom as a chess board, looking for advantages to you and missteps by the other party, you need an attorney.

Did you properly handle discovery requests?
Why have continuances been granted previously?
How disparate are the proposed parenting plans?
What makes you think that you need to be served with anything?
Does the other parent have an attorney?
- Yes, as stated I did everything according to dead lines and rules.
- The respondent was granted a continuance to have more time, since all the deadlines passed when the continuance was granted.
- And usually, as mandatory requested, the petitioner as well the respondent have to be disclosed prior to the trial all exhibts, witness lists and documents, because otherwise it would be really just a chess game.
- Don't know if the other party has an attorney, the continuance was granted whilst an attorney was present. But I would assume that with an attorney, the deadlines would have been met. So I am not sure.

And I do not look for advantages, I want this to be over and not to be dragged over and over through the courts because of very obvious non compliance. No matter how you may think, it is clear that this "missteps" as you quoted it, should not get rewarded in the end. Like I said, there was a continuance once....and how is the saying: "fool me once, shame on you, fool me twice**************and fool me a third time and you can call me the village idiot. :D "

But a chess game would be nice....
 

WolfgangW

Junior Member
I agree. And add that the ultimate loser will be your kid.

My lawyer tols me once "It will take as long as it takes."
That is correct, it takes as long as it takes and I've read here that some custody cases take 9years. But when parents are dragged over and over through courts, the parents will be occupied by thoughts and thoughts and the child will even suffer more.
As stated to CJane, I just want it to be over, BECAUSE of the kid, so people can move on and don't have to check every day the mailbox for a letter from the courts. That is the real tragedy in child custody cases in my opinion. Parents should think first, and then have kids...but we all know, that's not how it works.

Yet no one can answer obviously the actual question, if it is useful, advisable, to ask for a default ruling....we are here already off the actual subject.
 

WolfgangW

Junior Member
If you're going to attempt to use the courtroom as a chess board, looking for advantages to you and missteps by the other party, you need an attorney.

Did you properly handle discovery requests?
Why have continuances been granted previously?
How disparate are the proposed parenting plans?
What makes you think that you need to be served with anything?
Does the other parent have an attorney?
Sorry, forgot to answer that, well, each side wants to majority of residential time. And I will most likely, due to the background of the respondent and laws thereof which mandatory statute it) be granted sole legal decision making. Dont ask about the background please, but it's severe...yet maybe so it makes more sense why one side plays on time so an ultimate decision cannot be made, which I seek.

(When even the settlement mediator calls me in a separate room and tells me "why would you settle", you start simply asking yourself and will go for it. Yet although I am fully prepared for my side, I know that the other side will ask for a continuance and more time and that possibility (that "knight" of the chess game), I want to take out right away and ask straight up for the implementation of my PPP by default/non compliance. Hope it makes a bit more sense now.)
 

single317dad

Senior Member
So, ask for the default judgment. No one can force the other party to appear in court. When/if they decide to later, then deal with that.
 

WolfgangW

Junior Member
So, ask for the default judgment. No one can force the other party to appear in court. When/if they decide to later, then deal with that.
Thanks Dad, yet I assume the other party will show up in court at the trial date and the judge gives a slap on the wrist and will probably grant a further continuance and I stand there with "my pants down" because I was stupid enough to just obey to the courtrules and gave the opposition all the information whilst I got no info at all. That's my guess. IF the party would really not show, well, then of course its a default, but I doubt it will be so easy.

Its just so sad that child custody cases are dragged and dragged and no one really seems to care about the child in the middle of it. As long the "wear the other parent out" strategy seems to work just fine a child is not served a bit. And no one should say "the best interest of the child" is served when one after another continuance will/could be granted for plain and simple non-compliance and a further request for more time.
I will see and will go for a default ruling based on contempt/non compliance, and if the judge says no, I will oppose once more a continuance. The trial itself won't be able to continue anyway. If the party (me) was not served any documents etc its a no go and further here in WA, it can also not continue if one parent didn't complete the parenting class. And a judge will not take the risk of violation of due process in a possible appeal.

That's life I guess, just that the life of a child will be then further at least a bit in "limbo" is just disgraceful.
 

grasshoppa

Junior Member
That is correct, it takes as long as it takes and I've read here that some custody cases take 9years. But when parents are dragged over and over through courts, the parents will be occupied by thoughts and thoughts and the child will even suffer more.
Then get over it. You are allowing the other parent to control your behavior, and that's a mistake you are making which will impact your child.

Some of us ( dare I say it? Most of us? ) have ex's who excel at a) doing remarkably annoying and stupid things and b) not caring how their actions impact their own children. If you truly care about the well being of your child, *you* have to make an effort to grow beyond being affected ( or effected, I can never remember which is which ) by that. Why do you have to do that? Because the only person's actions you can control are your own, period.

Grow beyond the actions of others, become a better parent for your child.
 

WolfgangW

Junior Member
You do realize that a continuance works in your favor, right?
Yes I do, gives me time to continue and establish further the status quo, thats all correct. It is just upsetting because a continuance is 90days, so enjoy the next 3months if my case is solid enough and not try to get something more permanent? Further will the respondent get away with it once more and in the end get probably away with the child in the very end. So I will go like I stated above and we both know that the other side will get the continuance and I will pretend to oppose, just so it is on record. And I will be during that gained time under the microscope because if I make only a tiny mistake, it will be my butt and then I will be steamrolled so to say.

And with Grasshoppa its almost the same point, of course you are right, of course I try to stand above it, but how many chances does someone get to prove to be "worthy" to be a parent?
You know it does not take forever to do a parenting class i.e., its a 4hour seminar. It also does not take lightyears to exchange exhibits etc. And the kicker is then to get away with it. An example should be made here, and I dont say this case, but the strategy seems very common, as you stated indirect yourself Grasshoppa.
I know what you, in my words, wanted to explain, 'you only can become worn out if you allow the other party to wear you out'. Yet it is not that simple if it goes on and on and on and on...(so far for 1 1/2years, I know relative short to some other people here).

That then possibly even the system and the rules are getting used to push buttons, well that is then really absurd. But you are right, there are people who play by the rules and there are people who don't and in my next life I will become one of the group number 2, because in the end they will win. People who know how to play the system, they simply win. Sadly this people don't have it written on the forehead when you meet them though....:eek:

And even more sad is that they dont give a flying damn about their own child but just about themselves! :rolleyes:
 

Proserpina

Senior Member
Yes I do, gives me time to continue and establish further the status quo, thats all correct. It is just upsetting because a continuance is 90days, so enjoy the next 3months if my case is solid enough and not try to get something more permanent? Further will the respondent get away with it once more and in the end get probably away with the child in the very end. So I will go like I stated above and we both know that the other side will get the continuance and I will pretend to oppose, just so it is on record. And I will be during that gained time under the microscope because if I make only a tiny mistake, it will be my butt and then I will be steamrolled so to say.

And with Grasshoppa its almost the same point, of course you are right, of course I try to stand above it, but how many chances does someone get to prove to be "worthy" to be a parent?
You know it does not take forever to do a parenting class i.e., its a 4hour seminar. It also does not take lightyears to exchange exhibits etc. And the kicker is then to get away with it. An example should be made here, and I dont say this case, but the strategy seems very common, as you stated indirect yourself Grasshoppa.
I know what you, in my words, wanted to explain, 'you only can become worn out if you allow the other party to wear you out'. Yet it is not that simple if it goes on and on and on and on...(so far for 1 1/2years, I know relative short to some other people here).

That then possibly even the system and the rules are getting used to push buttons, well that is then really absurd. But you are right, there are people who play by the rules and there are people who don't and in my next life I will become one of the group number 2, because in the end they will win. People who know how to play the system, they simply win. Sadly this people don't have it written on the forehead when you meet them though....:eek:

And even more sad is that they dont give a flying damn about their own child but just about themselves! :rolleyes:

What's worse is a parent who plays games with the court process.
 

WolfgangW

Junior Member
What's worse is a parent who plays games with the court process.
I hope you did not mean me by that, because that I would object for being argumentative....:). I cannot change that the other side does it though. I cannot make, force, someone to play ball with the court process and rules. You know yourself that every party gets a case schedule and requirements when a case is opened and its pretty clear what one has to do. Some do it, the idiots like me, some don't, they ones who will "win" in the end. (Excuse the term winning, there are no winners in a child custody case, since the child always loses)

Anyhow, if you were referring to the other party, you are 100% right! Its, as I said, absurd. And its worse that some get away with it. Its also taxpayers money if something that was supposed to be solved months ago, will take now (most likely, my personal guess) more months to get done.

You know what is funny though, just on the side, no one (except "dad" partly and you indirectly), answered actually to the question I was asking. You as a senior member should see that. Is it normal here that people get so easily off the actual subject?
 

Proserpina

Senior Member
I hope you did not mean me by that, because that I would object for being argumentative....:). I cannot change that the other side does it though. I cannot make, force, someone to play ball with the court process and rules. You know yourself that every party gets a case schedule and requirements when a case is opened and its pretty clear what one has to do. Some do it, the idiots like me, some don't, they ones who will "win" in the end. (Excuse the term winning, there are no winners in a child custody case, since the child always loses)

Anyhow, if you were referring to the other party, you are 100% right! Its, as I said, absurd. And its worse that some get away with it. Its also taxpayers money if something that was supposed to be solved months ago, will take now (most likely, my personal guess) more months to get done.

You know what is funny though, just on the side, no one (except "dad" partly and you indirectly), answered actually to the question I was asking. You as a senior member should see that. Is it normal here that people get so easily off the actual subject?

This is playing games:

I will pretend to oppose, just so it is on record.
As parents, you both need to FOCUS.
 

WolfgangW

Junior Member
This is playing games:

As parents, you both need to FOCUS.

Oh come on, you took it out of context, I said 'I pretend to oppose, so its on the record', because opposing will not lead anywhere, no matter what. Yet I must do it, because otherwise it will be unnoticed. I opposed the first continuance also...and look were it led?
I understand, you dont know me, I probably also used the wrong word, but its useless to oppose, because the trial won't continue, can't continue and a continuance will be the most likely outcome. But I will try the default nevertheless...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top