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Praecipe

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ALGURL1

Junior Member
What is the name of your state (only U.S. law)? VA

I just received a notice from my XH's lawyer. All the paper says is for me to be advised that he has been retained to represent XH as counsel in the above styled-matter. All that is stated above is the word Praecipe. What does this mean?
 


ALGURL1

Junior Member
Thank you for your helpful post. I googled first and came up with this,
"In law in the United States, a praecipe is a document that either (A) commands a defendant to appear and show cause why an act or thing should not be done; or (B) requests the clerk of court to issue a writ and to specify its contents. In Canada it is used in place of a notice of motion as an application for a desk order that is granted in the court registry without a hearing before a judge."

I don't under stand what I would be appearing for since it doesn't state that. I know you all wouldn't either, how can I find out what I would be shoing up in court for? It also says the case no: its been left blank and then has yesterday's date printed? I am just very confused.....
 

Ohiogal

Queen Bee
Thank you for your helpful post. I googled first and came up with this,
"In law in the United States, a praecipe is a document that either (A) commands a defendant to appear and show cause why an act or thing should not be done; or (B) requests the clerk of court to issue a writ and to specify its contents. In Canada it is used in place of a notice of motion as an application for a desk order that is granted in the court registry without a hearing before a judge."

I don't under stand what I would be appearing for since it doesn't state that. I know you all wouldn't either, how can I find out what I would be shoing up in court for? It also says the case no: its been left blank and then has yesterday's date printed? I am just very confused.....
Could have been a bad cut and paste in which the caption was incorrect.
 

ALGURL1

Junior Member
Sorry for the late response. As far as I knew we did not have any upcoming court dates. I went to the courthouse and checked and he has filed for contempt and to amend visitation. I am assuming that with what I found on google, this letter is telling me, that his lawyer is simply letting me know he is representing him.

I have not retained a lawyer yet. I do have a few other questions though. The contempt is for mother's day weekend. Our CO is not set up specifically for this, we have just worked it out in the past. This year we originally agreed via a phone conversation that we would simply switch Mother's day weekend for Father's day weekend. Then I got a text the Monday before Mother's day weekend where he said he would just bring her home at 7pm the Saturday night before Mother's day. I told him this wouldn't work as I had already made plans for the weekend. Texts went back and forth all week. When he and his wife came to pick her up I handed him a copy of our currnt court order which stated on the back a list of General Visitation rules provided by the court. One of the rules stated that visitation could be canceled with 24 hrs notice as long as it was made up within 30 days. He said I was still denying him visitation and he would see me in court.

I texted him last Thrusday to see if he was still getting our daughter on the for Father's day weekend and he responded with he would get her at "7pm the Saturday night before as per our orginally agreement." This was not our agreement at all. I told him thatHe could pickup her up as it was a "makeup" visit on Friday at 5pm and keep her until Sunday at 6:30 like he would have had her on Mother's day wknd. He is saying he doens't want to do that he will just get her at 7pm on the Saturday before and keep her until Sunday.

One of the other rules on the General Visitation is that if the visiting parent is more than 30 minutes late, the CP can cosider the visit cancelled. I am wondering if his lawyer is telling him to do this so he can say he didn't get a makeup visit?? I'm fine with letting her go at 7pm but I don't want it to come back in court that I only followed the General Visitation plan when it was convienient for me, which is what that would look like. But I want her to see her dad for father's day as we had orginally planned.

Any advice would be great. Thanks you in advance.
 

LdiJ

Senior Member
Sorry for the late response. As far as I knew we did not have any upcoming court dates. I went to the courthouse and checked and he has filed for contempt and to amend visitation. I am assuming that with what I found on google, this letter is telling me, that his lawyer is simply letting me know he is representing him.

I have not retained a lawyer yet. I do have a few other questions though. The contempt is for mother's day weekend. Our CO is not set up specifically for this, we have just worked it out in the past. This year we originally agreed via a phone conversation that we would simply switch Mother's day weekend for Father's day weekend. Then I got a text the Monday before Mother's day weekend where he said he would just bring her home at 7pm the Saturday night before Mother's day. I told him this wouldn't work as I had already made plans for the weekend. Texts went back and forth all week. When he and his wife came to pick her up I handed him a copy of our currnt court order which stated on the back a list of General Visitation rules provided by the court. One of the rules stated that visitation could be canceled with 24 hrs notice as long as it was made up within 30 days. He said I was still denying him visitation and he would see me in court.

I texted him last Thrusday to see if he was still getting our daughter on the for Father's day weekend and he responded with he would get her at "7pm the Saturday night before as per our orginally agreement." This was not our agreement at all. I told him thatHe could pickup her up as it was a "makeup" visit on Friday at 5pm and keep her until Sunday at 6:30 like he would have had her on Mother's day wknd. He is saying he doens't want to do that he will just get her at 7pm on the Saturday before and keep her until Sunday.

One of the other rules on the General Visitation is that if the visiting parent is more than 30 minutes late, the CP can cosider the visit cancelled. I am wondering if his lawyer is telling him to do this so he can say he didn't get a makeup visit?? I'm fine with letting her go at 7pm but I don't want it to come back in court that I only followed the General Visitation plan when it was convienient for me, which is what that would look like. But I want her to see her dad for father's day as we had orginally planned.

Any advice would be great. Thanks you in advance.
Could you send him an email repeating the offer for him to have her for the entire weekend, as you had previously agreed? Many judges won't accept emails but if you print out your email, with whatever response he gives, with the full headers, it would be better than the texts.
 

ALGURL1

Junior Member
No. He has told me he does not have a home computer, or an e-mail address. I have the texts that I am going to print off and take with me for court and hope the the judge with accept them. I specifically responded and said, " I want to make sure I understand you know she will be available for you to pick up at 5pm on Friday, but you do not want to get her until Saturday at 7pm, and you won't be making up the entire weekend, correct?"
And he said I will be there to pick her up at 7pm on Saturday.
 

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