shechrissy
Member
What is the name of your state? Wisconsin
(The questions that I need answered are in boldface)
I filed for a change in the placement order due to a change in circumstances (petitioner and respondent no longer residing together, so physical placement and visitation needed to be established, as well as child support). Both parties live in Portage County, but the case was still in Dane County, where petitioner's address was at the time of the child's birth. To change the venue from Dane County to Portage County would mean unnecessary expenses for both parties, and would not make sense to either of us, but the respondent's attorney (who he obtained just for the purpose of reviewing any agreements he entered into, and who practices out of Portage County) pursuaded him into filing a motion to change the venue. I strongly believe that he would have been against the change of venue, had he been present at the status conference.
Since the Wisconsin State Statute s. 801.52, Discresionary Change of Venue states The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, the judge ordered the venue be changed for the convenience of justice, despite my pleas on both parties' behalves, for our own convenience.
Now the respondent may get very upset with his attorney, who filed the motion on his behalf, because he will have to miss lots of work and travel twice the distance to attend court proceedings. We will also have to obtain specialized child care for my severely disabled son and his siblings, which will cost the taxpayers a bundle, versus trained family members caring for the children in Dane County for hearings. Are all these trade-offs less important than "the convenience of justice?" Because the change in venue that was ordered will definitely be a burden on both parties and any witnesses.
If the respondent and I are in agreement about wanting the venue to remain in the same county, can we submit a request to the court for a reversal on the decision?
If the court that ordered the change of venue cannot reverse the decision, can the parties submit a request to the clerk of courts that our case be taken back to that county; or will we have to file with the Wisconsin Court of Appeals?
The respondent's attorney clearly did not do her job- does the respondent have recourse besides firing her?
I have another fmaily law/child support case in Dane County where neither of the parties live in that county, but no judge brought up the change of venue. Why should this case be any different?
Thank you for any assistance you are able to provide. We sincerely appreciate it!
(The questions that I need answered are in boldface)
I filed for a change in the placement order due to a change in circumstances (petitioner and respondent no longer residing together, so physical placement and visitation needed to be established, as well as child support). Both parties live in Portage County, but the case was still in Dane County, where petitioner's address was at the time of the child's birth. To change the venue from Dane County to Portage County would mean unnecessary expenses for both parties, and would not make sense to either of us, but the respondent's attorney (who he obtained just for the purpose of reviewing any agreements he entered into, and who practices out of Portage County) pursuaded him into filing a motion to change the venue. I strongly believe that he would have been against the change of venue, had he been present at the status conference.
Since the Wisconsin State Statute s. 801.52, Discresionary Change of Venue states The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, the judge ordered the venue be changed for the convenience of justice, despite my pleas on both parties' behalves, for our own convenience.
Now the respondent may get very upset with his attorney, who filed the motion on his behalf, because he will have to miss lots of work and travel twice the distance to attend court proceedings. We will also have to obtain specialized child care for my severely disabled son and his siblings, which will cost the taxpayers a bundle, versus trained family members caring for the children in Dane County for hearings. Are all these trade-offs less important than "the convenience of justice?" Because the change in venue that was ordered will definitely be a burden on both parties and any witnesses.
If the respondent and I are in agreement about wanting the venue to remain in the same county, can we submit a request to the court for a reversal on the decision?
If the court that ordered the change of venue cannot reverse the decision, can the parties submit a request to the clerk of courts that our case be taken back to that county; or will we have to file with the Wisconsin Court of Appeals?
The respondent's attorney clearly did not do her job- does the respondent have recourse besides firing her?
I have another fmaily law/child support case in Dane County where neither of the parties live in that county, but no judge brought up the change of venue. Why should this case be any different?
Thank you for any assistance you are able to provide. We sincerely appreciate it!