Urgently need help with old, out of state, divorce case.

[brs29]

What is the name of your state (only U.S. law)? CA

My friend (the defendant) needs help... We have scoured the internet for this info (and forms) to absolutely no avail.

Background:
There is an old divorce case in Illinois that, according to the UCCJEA, no longer has jurisdiction (neither plaintiff, defendant, or children have lived in the state for over a year); a new case is proceeding in an alternate state which both parties have participated in. The plaintiff, however, does not like the way things are going in that state and is trying to have his lawyer spark some life back in to the Illinois case.

Knowing that the next hearing in the aforementioned "alternate state" is coming up in 2 weeks, the plaintiff has called for a case management hearing for the case in Illinois (giving the defendant only one week's notice); and like I said, the defendant lives out of state and can not get to Illinois on such short notice.

My question is: How can the defendant inform the judge of the UCCJEA clause, that takes jurisdiction away from Illinois, at this hearing without being present?

The defendant can not afford a lawyer and is acting in pro per. The defendant contacted the court to ask what paperwork was needed to present this information. Unfortunately the court would not give out the information nor would they inform the defendant of where the forms could be acquired.

Can anyone point my friend in the right direction please?
If a letter is written to the judge will he read it? Does it need to be typed a certain way? Im really flustered here having little legal experience, but I really want to help.

Thanks!What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

My friend (the defendant) needs help... We have scoured the internet for this info (and forms) to absolutely no avail.

Background:
There is an old divorce case in Illinois that, according to the UCCJEA, no longer has jurisdiction (neither plaintiff, defendant, or children have lived in the state for over a year); a new case is proceeding in an alternate state which both parties have participated in. The plaintiff, however, does not like the way things are going in that state and is trying to have his lawyer spark some life back in to the Illinois case.

Knowing that the next hearing in the aforementioned "alternate state" is coming up in 2 weeks, the plaintiff has called for a case management hearing for the case in Illinois (giving the defendant only one week's notice); and like I said, the defendant lives out of state and can not get to Illinois on such short notice.

My question is: How can the defendant inform the judge of the UCCJEA clause, that takes jurisdiction away from Illinois, at this hearing without being present?

The defendant can not afford a lawyer and is acting in pro per. The defendant contacted the court to ask what paperwork was needed to present this information. Unfortunately the court would not give out the information nor would they inform the defendant of where the forms could be acquired.

Can anyone point my friend in the right direction please?
If a letter is written to the judge will he read it? Does it need to be typed a certain way? Im really flustered here having little legal experience, but I really want to help.

Thanks!What is the name of your state (only U.S. law)?

Talking in the third person like that can kind of confuse things. In addition, if you don't clearly state what states are involved, and who lives where (particularly the child) and how far the other case has progessed, you are not going to get good answers either.

So, how about just starting over and tell us what is going on?

However, most likely you are going to have to file a motion of some sort in IL.

 

[TinkerBelleLuvr]

Would something reflecting an inconvenient forum be appropriate since none of the parties live in the state of Illinois?

Regardless, the motion filed in Illinois would need to be addressed. I would certain attach as documentation all the filings that are currently happening in the new state.

 

[brs29]

States and Progression

Thanks for the messages, the help is greatly appreciated!

Believe it or not, I am not speaking in the third person, but trying my best to keep the names of those involved out of the post; I can see how its confusing, and I appologize.

The other state involved here, besides Illinois, is California.

The Illinois case has sat stagnant for a year and a half. No judgments or orders were made by Illinois.

The kids are in California with the defendant, and have been for over a year and a half.

The divorce proceedings filed in California resulted in both parties agreeing to California taking the status of the divorce, thus sending all other matters (custody, division of assests, etc...) back to Illinois. The judge cited the UCCJEA at that time because the plaintiff had resided in Illinois.

Since then however, the plaintiff moved to Iowa and has been there for over a year. This fact coupled with the defendant and the kids being in CA should take jurisdiction away from Illinois (according to the UCCJEA) and allow California to continue proceedings.

We just want to know how to get rid of the Illinois case. Since the defendant cant be at the hearing in 2 days to tell the judge in person, that the case should be dismissed because it lacks jurisdiction, we want to know how to communicate with the judge, or if we even should.

The legal help center in California suggested that the defendant not file anything with Illinois. They advised to let the California judge call the Illinois judge after the hearing in California (on the 16th of this month) in order to take jurisdiction.

Thanks again for the help, and if more clarification is needed just let me know...

 

[mistoffolees]

We just want to know how to get rid of the Illinois case. Since the defendant cant be at the hearing in 2 days to tell the judge in person, that the case should be dismissed because it lacks jurisdiction, we want to know how to communicate with the judge, or if we even should.

The legal help center in California suggested that the defendant not file anything with Illinois. They advised to let the California judge call the Illinois judge after the hearing in California (on the 16th of this month) in order to take jurisdiction..

Sounds to me like a risky approach. What if your stbx shows up at the IL hearing and wins by default since you're not there? I think you need to get a filing in ASAP explaining that you are petitioning for the case to be dropped in IL for lack of jurisdiction.

 

[brs29]

forms

The defendant agrees that a motion for dissmissal needs to be filed, but does not know how. The lawyers have all the power by limiting access to forms and the courts do no favors to people repping in pro per since they won't tell you what forms do what or how to fill them out.

It's so frustrating, can someone post a link for forms? I found a few but they are not the right district. Does that matter?

Thanks again for the help here.

 

[mistoffolees]

The defendant agrees that a motion for dissmissal needs to be filed, but does not know how. The lawyers have all the power by limiting access to forms and the courts do no favors to people repping in pro per since they won't tell you what forms do what or how to fill them out.

It's so frustrating, can someone post a link for forms? I found a few but they are not the right district. Does that matter?

Thanks again for the help here.

Call the district court. They can't give you legal advice, but if you know what form you need, they can probably email it or fax it to you.

 

[Silverplum]

The defendant agrees that a motion for dissmissal needs to be filed, but does not know how.

That's why one would hire an attorney.
Plumber for when water is spraying all over your basement. Attorney is for when you need legal help and don't know what to do.

The lawyers have all the power by limiting access to forms

Talking out of your...er...whatever.
"The lawyers" don't make the laws, nor do they write the forms, nor do they "pass out" the forms.
The forms are readily available to anyone on the internet, at the local court house, etc.
And if you think that winning a case is merely about holding and filling out forms, you are sadly mistaken.

and the courts do no favors to people repping in pro per since they won't tell you what forms do what or how to fill them out.

"The courts" is an incorrect identity for the entity with whom you are personally angry.
"The Courts" refer, mostly, to "The Judges Who Run The Courts."
Your problem is with the court clerks and admin staffers. By law, they are not allowed to give legal advice, which would include telling a person to fill out a specific form.

Also by law, people on the internet are not allowed to hand out forms and give specific legal advice, either.

In addition, people who are not listed on the decree are not given info. It's not their business.

If you plan to throw stones, you may wish to know at whom to throw the stones.

It's so frustrating, can someone post a link for forms? I found a few but they are not the right district. Does that matter?

Thanks again for the help here.

Yes, it matters which district's forms are used in a certain case.

Again, one of the persons listed on the decree must contact the court that issued the decree.

 

[mistoffolees]

Again, one of the persons listed on the decree must contact the court that issued the decree.

But I would not assume that the stbx will take care of it. That's one way to get a HUGE surprise.