fraud on court

[bham]

I'm in Alabama. Simply put, I got divorced in Talladega Court in 8/09. In 7/10 Xwife serves me papers for modification in Talladega Court. Her lawyer files a motion to move case to Jefferson County. My lawyer says it won't happen b/c you are well within 3 years of initial judgement. Well...young Judge in Talladega court makes mistake and signs it over to Jefferson County. My lawyer goes to young Judge and he admits to making a mistake and does paperwork to bring back to Talladega Court. The Seasoned Judge in Jefferson County, Pate, calls the Judge in Talladega and says cancel that paperwork...it's staying in Jefferson County. Which the young Judge does. Then my lawyer says no way...goes to hearing in Jefferson County and responds saying I've never heard anything like it... My lawyer doesn't appeal. Now, in 11/11 we agreeed to a modification. It's 9/12 and it isn't working. Seeing Jefferson County is a mess, and her lawyers home turf... seeing there's no time constraint on fraud on the court in alabama can I go back in time to call this "mistake by the young judge out" and hold the now retired Judge Pate and her lawyer accountable? Go right back to our oringinal agreement from 8/09?

 

[tranquility]

Take a breath, slow down and assume we don't know what you're talking about. What was the "fraud" on the court? If by a judge in communications with a judge, your remedy is with an appeal.

 

[Zigner]

I'm in Alabama. Simply put, I got divorced in Talladega Court in 8/09. In 7/10 Xwife serves me papers for modification in Talladega Court. Her lawyer files a motion to move case to Jefferson County. My lawyer says it won't happen b/c you are well within 3 years of initial judgement. Well...young Judge in Talladega court makes mistake and signs it over to Jefferson County. My lawyer goes to young Judge and he admits to making a mistake and does paperwork to bring back to Talladega Court. The Seasoned Judge in Jefferson County, Pate, calls the Judge in Talladega and says cancel that paperwork...it's staying in Jefferson County. Which the young Judge does. Then my lawyer says no way...goes to hearing in Jefferson County and responds saying I've never heard anything like it... My lawyer doesn't appeal. Now, in 11/11 we agreeed to a modification. It's 9/12 and it isn't working. Seeing Jefferson County is a mess, and her lawyers home turf... seeing there's no time constraint on fraud on the court in alabama can I go back in time to call this "mistake by the young judge out" and hold the now retired Judge Pate and her lawyer accountable? Go right back to our oringinal agreement from 8/09?

You agreed to the mod - all the rest is moot.

 

[TheGeekess]

I'm in Alabama. Simply put, I got divorced in Talladega Court in 8/09. In 7/10 Xwife serves me papers for modification in Talladega Court. Her lawyer files a motion to move case to Jefferson County. My lawyer says it won't happen b/c you are well within 3 years of initial judgement. Well...young Judge in Talladega court makes mistake and signs it over to Jefferson County. My lawyer goes to young Judge and he admits to making a mistake and does paperwork to bring back to Talladega Court. The Seasoned Judge in Jefferson County, Pate, calls the Judge in Talladega and says cancel that paperwork...it's staying in Jefferson County. Which the young Judge does. Then my lawyer says no way...goes to hearing in Jefferson County and responds saying I've never heard anything like it... My lawyer doesn't appeal. Now, in 11/11 we agreeed to a modification. It's 9/12 and it isn't working. Seeing Jefferson County is a mess, and her lawyers home turf... seeing there's no time constraint on fraud on the court in alabama can I go back in time to call this "mistake by the young judge out" and hold the now retired Judge Pate and her lawyer accountable? Go right back to our oringinal agreement from 8/09?

How is this fraud? Your lawyer argued and was over-ruled by the judge.

Talk to your attorney about contempt charges, if Mom is willfully interfering with your visitation.

 

[TheGeekess]

And a question: Do you live in Talladega or Jefferson County?

 

[bham]

As I understand it, for a period of 3 years cases must stay in the court that it originated in. So when her lawyer filed a transfer from Talladega to Jefferson County it should not have happened unless I agreed to it. But when the Judge made a mistake and moved it...then after talking to my lawyer who he deals with all the time files the paperwork to come back it should have happened. Should have come back. When Judge Pate refused to agree to let it come back, after it was explained to him that it was a mistake, he called the Judge in Talladega saying to pull the paperwork it's staying in Jefferson. The fraud was the law states 3 years so mistake or not, the law should have been followed. The young judge in talladega didn't want to lock horns with the judge in Jefferson county so it was dropped and I'm out of luck. Judge Pate intimidated the Judge in Talladega I was told. At this point it's in Jefferson County....and we agreed to a modification. If fraud on the court did happen and can be proved would we go back to Talladega Court with the orginal agreement or the modfication filed in Jefferson county in 11/11?

 

[bham]

I was living in Talladega at the time. Now I live in Jefferson County to be closer to the child who lives in Jefferson County.

As I understand it, for a period of 3 years cases must stay in the court that it originated in. So when her lawyer filed a transfer from Talladega to Jefferson County it should not have happened unless I agreed to it. But when the Judge made a mistake and moved it...then after talking to my lawyer who he deals with all the time files the paperwork to come back it should have happened. Should have come back. When Judge Pate refused to agree to let it come back, after it was explained to him that it was a mistake, he called the Judge in Talladega saying to pull the paperwork it's staying in Jefferson. The fraud was the law states 3 years so mistake or not, the law should have been followed. The young judge in talladega didn't want to lock horns with the judge in Jefferson county so it was dropped and I'm out of luck. Judge Pate intimidated the Judge in Talladega I was told. At this point it's in Jefferson County....and we agreed to a modification. If fraud on the court did happen and can be proved would we go back to Talladega Court with the orginal agreement or the modfication filed in Jefferson county in 11/11?

 

[Zigner]

That's not fraud. That's a mistake.
But, you then agreed to it.

 

[TheGeekess]

I was living in Talladega at the time. Now I live in Jefferson County to be closer to the child who lives in Jefferson County.

Any ongoing should be filed in JeffCo.

 

[latigo]

You agreed to the mod - all the rest is moot.

Ditto!

Mod, mad moot.