IAAL, got my own thread now....

[karma1]

What is the name of your state? ca
lol
but have a question or two-if you would be so kind?
And this is purely for my own education....
scenario (and it will probably sound familiar to you)-
CA has jurisdiction-divorce and custody in CA
CP moved children to OR 6 years ago (at the time of this scenario) but never filed anything regarding children in OR
CP files in CA for increase of support but files in family court instead of with DA's office where it originated
NCP files response and companion motion for set visitation time
CP looses motions for more support and change of venue, however, NCP's requests are granted-so, current CA court order in effect since June 2001.
Am I right in assuming that since the court order is relatively new that it would now be difficult to change to another state?

other question-
what is the difference between a commissionare and a judge? while I was waiting with my brother for his hearing, I went down to bug the little old ladies at the information desk and they could not answer me
At my husbands CSE hearing in April, they gave him a paper saying that if he wanted his case to be heard by a judge, he could ask for a continuance-and go before a judge-
At my brothers custody hearing, it was a commissionare (actually, the same one my hubby had for visitation last June) but he was not given that option of going before a judge....
So, I gather, in CSE court, you have a choice but in family court you do not? so, what is the difference between the two?
thanks again

[VeronicaGia]

As long as one party (in your case the NCP) lives in the original state (CA) jurisdiction will stay in CA. If neither party lives in CA, then jurisdiction can be changed, but from what I understand, the NCP will retain jurisdiction in whatever state he is in. This prevents the CP from "support shopping" i.e., moving to New Jersey where support never seems to end. She can file for a change in jurisdiction to OR, but NCP would ask that request be denied since he is still a resident of the originating state.

IAAL will of course correct me if I'm wrong, but this is what I've been "told" many, many times.

As to your other question, I have no clue. Hey, at least I can admit when I'm clueless LOL.

So how are you? I just bumped your post up on the Support board since I wasn't sure if you saw that I answered it.

[I AM ALWAYS LIABLE]

My response:

I just now saw this thread LW.

Of course, Veronica is correct. Good response, kiddo!

You get the Gold Star, pasted right between your two . . .

IAAL

[VeronicaGia]

Why thank you Chico, you are quite "the man" yourself!

Will you personally lick that star prior to application? Just curious....

Also, to further LW's question, what is the difference between a commissionaire and a judge? Is a commissionaire more like a magistrate?

[I AM ALWAYS LIABLE]

Originally posted by VeronicaGia
Why thank you Chico, you are quite "the man" yourself!

Will you personally lick that star prior to application? Just curious....

Also, to further LW's question, what is the difference between a commissionaire and a judge? Is a commissionaire more like a magistrate?

My response:

Whoops, I should have responded to that part - - but, in just a moment.

What I'd really like to do is to lick it, and personally do the "sticking" right between those two, big, gorgeous . . .

Okay, on with the show.

The difference between the two is really political. They are both educated in the law, and have the same abilities. The only difference is that a judge is voted into office by the people, and a commissioner is appointed by the Judicial Council or the Chief Judge of that particular courthouse. This is done to help ease up on the court congestion. It's like a "lay-teacher" being assigned to teach in a Parochial School. They can both teach, but you're paying tuition to have one of the school's Nuns, or Brothers, teach your kid. Therefore, you can refuse that a "lay-teacher" can teach your kid, by saying, "I want the REAL thing, god damn it!"

So, you have a right, by State Constitution, to have your case heard by an elected official (the judge), and not someone else. But, when it comes to the decision-making abilities of either, it's a toss of the coin.

On stipulation of the parties, any motion, OSC or other proceeding in the case may be heard and decided by a temporary judge (court commissioner, referee or attorney acting as judge pro tem) "sworn and empowered to act" as such "until final determination of the cause." [See Ca Const. Art. VI, § 21; Ca Civ Pro § 259(e) & (h); Ca Rules of Court Rule 244]

IAAL

[VeronicaGia]

I think you're giving my "two, big, gorgeous......" a little more credit than they deserve. Two - yes, gorgeous - I think so, big - well, not so much. But thank you for making my day!

[karma1]

quit flirting on my thread will ya-lol!
funny stuff though-

[VeronicaGia]

Well, we learn a little, laugh a little, flirt a little.....at least we didn't get downright kinky on your thread! At least, not yet.

[Grace_Adler]

Insert cheesey '70's porn music here.

Sorry to hijack, but I couldn't resist saying that.

[I AM ALWAYS LIABLE]

Originally posted by VeronicaGia
I think you're giving my "two, big, gorgeous......" a little more credit than they deserve. Two - yes, gorgeous - I think so, big - well, not so much. But thank you for making my day!

My response:

Oh, I don't think so. I think your big, round, gorgeous . . . . eyes are perfect. I'd just lightly flick my tongue back and forth, ever so gently, up and down, back and forth . . . . on that star.

IAAL

[karma1]

don't make me turn this computer around and.....
all right, I've become my mother (LW runs from house screaming!)
play nice now---tee hee hee---

[Grace_Adler]

LOL! If this keeps up, I'll have to take up smoking again. I may need a drink too. Um, on second thought I better not drink anything.