CP granted order to remove child NCP was a no-show at trial

[microbes]

What is the name of your state (only U.S. law)? IL

Im the custodial parent. I filed a petition for removal due to a job opportunity out of state and was granted the order to remove. GAL was involved and testified during trial. GALs recommendation was in favor of the removal. Ex-wife was a no-show, was found in contempt before for the same reason and had a warrant against her because of it so she's fully aware of the consequences of missing court.

What is the likelyhood of this case getting retried. There was an actual trial... Short but i testified the GAL testified and the judge made rulings.

I know she can file an appeal but what is the likelihood of any of her efforts gaining any traction?

Thanx

 

[LdiJ]

What is the name of your state (only U.S. law)? IL

Im the custodial parent. I filed a petition for removal due to a job opportunity out of state and was granted the order to remove. GAL was involved and testified during trial. GALs recommendation was in favor of the removal. Ex-wife was a no-show, was found in contempt before for the same reason and had a warrant against her because of it so she's fully aware of the consequences of missing court.

What is the likelyhood of this case getting retried. There was an actual trial... Short but i testified the GAL testified and the judge made rulings.

I know she can file an appeal but what is the likelihood of any of her efforts gaining any traction?

Thanx

It really depends on whether or not she can come up with a truly credible reason for missing court. Some judges would err on the side of caution and agree to reconsider or re-hear a case if the no-show party has a truly credible reason why they were not there.

 

[microbes]

It really depends on whether or not she can come up with a truly credible reason for missing court. Some judges would err on the side of caution and agree to reconsider or re-hear a case if the no-show party has a truly credible reason why they were not there.

She spoke to the GAL or left her a message, the GAL told the judge her reason was due to hormonal cramps/pain. The judge just shook his head. She told me last night she had to take her daughter to the doctor due to a fever.

If its re-heard or re-tried, will the GAL's testimony still be valid?

Thanx

 

[CJane]

If there is a reconsideration hearing, the GAL will be expected to be present and testify again. However, I think "I have cramps" is hardly going to sway the judge.

 

[LdiJ]

If there is a reconsideration hearing, the GAL will be expected to be present and testify again. However, I think "I have cramps" is hardly going to sway the judge.

It probably won't, but I can tell you that when I was younger (until naproxen sodium aka aleve) came out I had such debilitating cramps that I could not move or speak coherently once a month. There is no way that I could have walked or driven a car. I missed a final exam in college once because of it, and luckily my professor had a mother and sister with the same problem and understood, and let me make up the exam.

 

[CJane]

It probably won't, but I can tell you that when I was younger (until naproxen sodium aka aleve) came out I had such debilitating cramps that I could not move or speak coherently once a month. There is no way that I could have walked or driven a car. I missed a final exam in college once because of it, and luckily my professor had a mother and sister with the same problem and understood, and let me make up the exam.

I get that. I've never been there, but I know people who have. But this is a male judge.

 

[LdiJ]

I get that. I've never been there, but I know people who have. But this is a male judge.

I know...so unless he has had a sister, mother, wife or daughter with the same problem, he is unlikely to have any idea just how bad it can really be.

 

[microbes]

It probably won't, but I can tell you that when I was younger (until naproxen sodium aka aleve) came out I had such debilitating cramps that I could not move or speak coherently once a month. There is no way that I could have walked or driven a car. I missed a final exam in college once because of it, and luckily my professor had a mother and sister with the same problem and understood, and let me make up the exam.

I cant even begin to imagine just how bad these get but like you said, over-the-counter drugs are available for her to at least have been present to file a continuance. She later changed her story and said her daughter had a fever and had to see the doctor.

Now if the judge denies her motion to reconsider or for a re-trial? I would imagine an appeal won't do her much good since she would have to make a case in her appeal that the judge err'ed in trial that she wasn't around for. Is that a correct assumption?

Thanx.

 

[BL]

I cant even begin to imagine just how bad these get but like you said, over-the-counter drugs are available for her to at least have been present to file a continuance. She later changed her story and said her daughter had a fever and had to see the doctor.

Now if the judge denies her motion to reconsider or for a re-trial? I would imagine an appeal won't do her much good since she would have to make a case in her appeal that the judge err'ed in trial that she wasn't around for. Is that a correct assumption?

Thanx.

Either error of law ,how it was applied , or abused his/her discretion.

Appeals do not come cheap.

One can simply tell the court their excuse. One would need to show proof of that excuse/reason.

 

[Rwedunyet]

It probably won't, but I can tell you that when I was younger (until naproxen sodium aka aleve) came out I had such debilitating cramps that I could not move or speak coherently once a month. There is no way that I could have walked or driven a car. I missed a final exam in college once because of it, and luckily my professor had a mother and sister with the same problem and understood, and let me make up the exam.

Yes, I remember those days. Once a month, I was a quivering sobbing lump of uselessness. I couldn't move farther than the cord on the heating pad would allow, unless I was giving in to the extreme nausea. I have severe migraines now, so bad that they have caused me to faint. I prefer the migraines over the "cramps", which, by the way, do NOT go away after childbirth. jes sayin' (LOVED my hysterectomy)

BUT, I would have dragged my useless self and my barf bag right into the court-room, if needed. The Judge would have had to send me home before I would miss a custody hearing for my child.

 

[CJane]

Yes, I remember those days. Once a month, I was a quivering sobbing lump of uselessness. I couldn't move farther than the cord on the heating pad would allow, unless I was giving in to the extreme nausea. I have severe migraines now, so bad that they have caused me to faint. I prefer the migraines over the "cramps", which, by the way, do NOT go away after childbirth. jes sayin' (LOVED my hysterectomy)

BUT, I would have dragged my useless self and my barf bag right into the court-room, if needed. The Judge would have had to send me home before I would miss a custody hearing for my child.

Exactly. ESPECIALLY a move-away! Mom didn't care to be there. End of story.

 

[microbes]

Unclear about visitation order

Visitation was modified along with the removal order and is now set to Winter, Spring and summer breaks. We were thinking of waiting to move till the end of the school year in late May or early June. This will give us time to look for a house and get situated and make the move/transition much easier to us and the kids.

The previous visitation order was every other weekend. I have no issues granting both till we actually move but am I correct in understanding that the visitation order in place is the one issued last week to be winter, spring and summer breaks? There is no date specified or contingencies on when it takes into effect aside from the date stamp when the order was made which leads me to believe it's in effect now and supersedes the older order.

She filed a motion to have the order vacated and scheduled it for the 30th. So between now and then there are going to be weekend visits (old order) and winter break visits (new order). I'm thinking about going into court sooner to get clarification.

 

[CJane]

Visitation was modified along with the removal order and is now set to Winter, Spring and summer breaks. We were thinking of waiting to move till the end of the school year in late May or early June. This will give us time to look for a house and get situated and make the move/transition much easier to us and the kids.

The previous visitation order was every other weekend. I have no issues granting both till we actually move but am I correct in understanding that the visitation order in place is the one issued last week to be winter, spring and summer breaks? There is no date specified or contingencies on when it takes into effect aside from the date stamp when the order was made which leads me to believe it's in effect now and supersedes the older order.

She filed a motion to have the order vacated and scheduled it for the 30th. So between now and then there are going to be weekend visits (old order) and winter break visits (new order). I'm thinking about going into court sooner to get clarification.

I would stick to the "old" order re: weekend visits. Basically, be as liberal as possible while you're still in the area.

 

[LdiJ]

I would stick to the "old" order re: weekend visits. Basically, be as liberal as possible while you're still in the area.

I agree. I think that is what the judge would expect you to do...follow the old order until you actually leave the area.

 

[wavehopper27]

I predict mom filing numerous court actions on this matter forcing dad to travel back frequently.