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.
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.