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pro se motion

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jyoung

Member
Fl, NCP dad, if opposing counsel files exceptions to General Master's recommendations in family court, but in the text of the paperwork continually references my daughter
as having the last name of the CP (she has my name), do I
stand a chance of having the entire exception tossed out?
The child in question is the sole focus of the hearing and
I think that kind of mistake (intentional or not) is ridiculous and insulting. Regardless of emotion, should I
make such a motion? Thanks
 


I AM ALWAYS LIABLE

Senior Member
jyoung said:
Fl, NCP dad, if opposing counsel files exceptions to General Master's recommendations in family court, but in the text of the paperwork continually references my daughter
as having the last name of the CP (she has my name), do I
stand a chance of having the entire exception tossed out?
The child in question is the sole focus of the hearing and
I think that kind of mistake (intentional or not) is ridiculous and insulting. Regardless of emotion, should I
make such a motion? Thanks
My response:

Sure. You make your motion on the ground that the child being referenced does not exist, and no exceptions can be made concerning a child that is not in existence.

IAAL
 

jyoung

Member
thanks for responding, I'll take the shot. They filed the
exception right at their deadline (which they had previously
requested extended) and exceptions claim very experienced GM showed bias and ignored testimony, so maybe something like this will lock it up. Let you know how it goes at 2/14 hearing.
 

jyoung

Member
I had previously filed a motion to disallow exceptions and both exceptions and my motion are up for hearing on 2/14.
Find out today that ex has dropped her counsel (or they quit) and has engaged a new lawyer. New barrister is asking me to agree to a continuation, which I have on a seperate hearing this thursday on other issues. The fact that I postponed voluntarily this weeks hearing should show the judge that I am the reasonable one in this matter.

My question is whether it is possible for new counsel to argue that the error in the exceptions was due to incompetence and give their side a chance to correct? Time
was up when former counsel filed exceptions on last day posssible.
 

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