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Temporary Orders

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HeroOfCanton

Junior Member
What is the name of your state (only U.S. law)? Idaho

My girlfriend and I split up in December of last year and I filed for custody of our 3 children. She and her lawyer filed a motion for temporary orders and a motion to shorten time. I did not recieve notice of the hearing date until after it had occured. I have filed a motion for reconsideration and have a new date but am unsure about what is likely to happen compared to what I would like to happen. So the questions I have are: If I can show that the orders that got issued due to me missing the date and the orders she is requesting (they are different) are not in the best interests of the children will the default orders be put back into place or can I request temporary orders that I want? If I can, do I need to do anything beforehand? Do I need to file a counterclaim or is it too late for that since I have already filed a response? Do I need to file my own motion for temporary orders? If so, will that have to take place at a separate hearing or is there a way to have it as part of the hearing that I already have scheduled? Thank you in advance for any help you can give me.
 
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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Idaho

My girlfriend and I split up in December of last year and I filed for custody of our 3 children. She and her lawyer filed a motion for temporary orders and a motion to shorten time. I did not recieve notice of the hearing date until after it had occured. I have filed a motion for reconsideration and have a new date but am unsure about what is likely to happen compared to what I would like to happen. So the questions I have are: If I can show that the orders that got issued due to me missing the date and the orders she is requesting (they are different) are not in the best interests of the children will the default orders be put back into place or can I request temporary orders that I want? If I can, do I need to do anything beforehand? Do I need to file a counterclaim or is it too late for that since I have already filed a response? Do I need to file my own motion for temporary orders? If so, will that have to take place at a separate hearing or is there a way to have it as part of the hearing that I already have scheduled? Thank you in advance for any help you can give me.
Why didn't you file your own motion for temporary orders at the same time you filed motion for temporary orders? Did you file a motion for custody? To establish paternity?
 

HRZ

Senior Member
THe best way to lose in court is to go in without a well prepared attorney who has taken the necessary steps to move your point of view forward ....and as to procedural steps...the lowest scoring lawyer on bar exam will beat you 9.5 times out of 10 .....and your questions suggest you not count of the 0.5 time in your favor ...
 

HeroOfCanton

Junior Member
Why didn't you file your own motion for temporary orders at the same time you filed motion for temporary orders? Did you file a motion for custody? To establish paternity?
I did not think that I needed any additional temporary orders other than the standard ones for all custody cases. I filed a motion for custody.

And I cannot afford an attorney. I have been trying to find a pro bono attorney but have had no luck. And yes I really cannot afford one, not that I don't want to pay for one.
 

Ohiogal

Queen Bee
I did not think that I needed any additional temporary orders other than the standard ones for all custody cases. I filed a motion for custody.

And I cannot afford an attorney. I have been trying to find a pro bono attorney but have had no luck. And yes I really cannot afford one, not that I don't want to pay for one.
Then you seriously need to take time and educate yourself by reading the local rules, rules of civil procedures and caselaw. If you don't, you are screwed and ignore anything that comes from LDIJ. She is pro-mom, doesn't read the law and doesnt' admit when she is wrong.

YOU NEED to be able to conduct yourself properly. And that requires educating yourself.
 

HeroOfCanton

Junior Member
I have been studying the rules and procedures and I understand that I have made some mistakes. I was under the impression though that this forum was supposed to be a means for having questions answered and not a means to be criticized. If anyone would like to actually try and answer my questions rather than just say, "Why didn't you do this," or "Get an attorney," it would be greatly appreciated.
 

stealth2

Under the Radar Member
Your not having a lawyer while Mom does puts you at a distinct disadvantage.

Let's start with basics:

- have you been legally declared the father of all three children?
- where/with whom are the children now, and how long have they been there?
 

HRZ

Senior Member
And somewhere in there, IF you get past the procedural roadblocks , it's up to you to
1. Propose some clear provisions that are in best interest of the children .

2. BE prepared to clearly dispute that her plan is not in children's best interest ..

3 Get 1 &. 2 into context of what is required by your state law .

4. Follow the rules of court ...and make sure her side does too....often procedures are the most important part.

Sorry but doing this yourself well is like taking a rubber knife to a gunfight ...it can be done ...but but but
 

HeroOfCanton

Junior Member
Your not having a lawyer while Mom does puts you at a distinct disadvantage.

Let's start with basics:

- have you been legally declared the father of all three children?
- where/with whom are the children now, and how long have they been there?
Yes, I am the legal father of all three children and its kind of a long story about where the children are. I filed the custody paperwork on December 19th of last year. While I was at the courthouse filing the paperwork, she took the children and fled to Oregon with her mother. I was able to get her served on the 23rd of December and even though the temporary orders prohibited taking the children out of state for longer than 72 hours she would not return the children. She did bring them back into town on December 30th but that was just to hire her attorney and she took the children back to Oregon on January 4th and held them there until the temporary order hearing which took place on January 16th when she finally got permision to have the children in Oregon. The police would not do anything about her taking the children even though there was the temporary orders prohibiting it. I was going to file papers to have her held in contempt of the order but the day before I was going to file the motion for contempt I recieved the notice of the hearing which took place the day before. They are still currently in Oregon with her but I am hoping to get that changed which is the main reason I am asking these questions. I need to know if at the reconsideration hearing if I can show that the children are better of here in my care than in Oregon with her can I get orders forcing her to return them or do I need to file something first to try and make that happen. As well as if I can do it on the date of the reconsideration hearing or if I have to get a new date for my own motion for temporary orders. She is physically abusive and I included photographic evidence along with my motion for reconsideration. She also hase untreated mental disorders. Is that likely to get the Judge to grant me temporary custody at that time or do I need to file a counterclaim for that to happen? Since I already filed a response is it too late to add a counterclaim? I need to know these things as soon as possible so I can take appropriate actions swiftly. The reconsideration hearing is on February 20th.
 

TheGeekess

Keeper of the Kraken
Yes, I am the legal father of all three children and its kind of a long story about where the children are. I filed the custody paperwork on December 19th of last year. While I was at the courthouse filing the paperwork, she took the children and fled to Oregon with her mother. I was able to get her served on the 23rd of December and even though the temporary orders prohibited taking the children out of state for longer than 72 hours she would not return the children. She did bring them back into town on December 30th but that was just to hire her attorney and she took the children back to Oregon on January 4th and held them there until the temporary order hearing which took place on January 16th when she finally got permision to have the children in Oregon. The police would not do anything about her taking the children even though there was the temporary orders prohibiting it. I was going to file papers to have her held in contempt of the order but the day before I was going to file the motion for contempt I recieved the notice of the hearing which took place the day before. They are still currently in Oregon with her but I am hoping to get that changed which is the main reason I am asking these questions. I need to know if at the reconsideration hearing if I can show that the children are better of here in my care than in Oregon with her can I get orders forcing her to return them or do I need to file something first to try and make that happen. As well as if I can do it on the date of the reconsideration hearing or if I have to get a new date for my own motion for temporary orders. She is physically abusive and I included photographic evidence along with my motion for reconsideration. She also hase untreated mental disorders. Is that likely to get the Judge to grant me temporary custody at that time or do I need to file a counterclaim for that to happen? Since I already filed a response is it too late to add a counterclaim? I need to know these things as soon as possible so I can take appropriate actions swiftly. The reconsideration hearing is on February 20th.
Photos without police reports to back them up are mud-slinging. Who is to say that those injuries were inflicted by you to bolster your 'case'?

So, Mom was good enough to have the children, but now she's mentally unstable. Not going to look good for you if you bring that up, either, because that also shows up your lack of judgement.

Who takes care of the day to day life with the children (feeding/bathing/dressing)? Who takes them to the doctor/dentist? Who attends school conferences? :cool:
 

HeroOfCanton

Junior Member
Photos without police reports to back them up are mud-slinging. Who is to say that those injuries were inflicted by you to bolster your 'case'?

So, Mom was good enough to have the children, but now she's mentally unstable. Not going to look good for you if you bring that up, either, because that also shows up your lack of judgement.

Who takes care of the day to day life with the children (feeding/bathing/dressing)? Who takes them to the doctor/dentist? Who attends school conferences? :cool:
She wasn't good enough to care for the children on her own but now I am not there to assist. The day to day care was handled by both of us as well as doctor visits and school conferences. And yes, she spent a week in a mental hospital in July of last year believing that Revelations was happening and that I was the resurrection of Jesus. I also have have a letter from my ex-wife from before stating that she was abusive to my special needs child with my oldest son as a witness.
 
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Ohiogal

Queen Bee
She wasn't good enough to care for the children on her own but now I am not there to assist. The day to day care was handled by both of us as well as doctor visits and school conferences. And yes, she spent a week in a mental hospital in July of last year believing that Revelations was happening and that I was the resurrection of Jesus. I also have have a letter from my ex-wife from before stating that she was abusive to my special needs child with my oldest son as a witness.
Your ex wife matters not. When were you last DAILY in the children's lives providing DAY TO DAY CARE? And if she was unstable why did you have MORE than one child with her?
 

HeroOfCanton

Junior Member
Your ex wife matters not. When were you last DAILY in the children's lives providing DAY TO DAY CARE? And if she was unstable why did you have MORE than one child with her?
She didn't seem unstable until recently and our 1 year old was conceived while she had and IUD so it is not like it was planned.

While I understand that you are trying to help with all these questions and such, none of it is answering my questions and helping me with the information that I am looking for.
 
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Ohiogal

Queen Bee
She didn't seem unstable until recently and our 1 year old was conceived while she had and IUD so it is not like it was planned.

While I understand that you are trying to help with all these questions and such, none of it is answering my questions and helping me with the information that I am looking for.
Fine. Get someone else to try to help you. My questions are asked for a reason.

Signed,
The ONLY ATTORNEY who has been answering you.
 

LdiJ

Senior Member
The reality of things is that we have to ask questions in order to get a clearer picture of the situation so that we can actually give you decent advice. I feel like you are a bit side-stepping in your answers and that is not going to get you good help here nor will it help you in court.

You really need an attorney.
 

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