I am going through a severe custody battle where my ex-wife filed a protection order and then an adequate cause hearing for a forced change of the parenting plan giving her full custody. I appealed to the protection order and filed for dismissal of the adequate cause hearing because the protection order was an integral part of the opposing party’s argument.
I checked the court roster 2 days before the hearing date and the opposing party's attorney had not confirmed. My lawyer also looked at the court roster and saw that the hearing was stricken due to not being confirmed. I even called the court and they told me it was stricken.
Her lawyer, however likes to play dirty tricks and went to the hearing anyway, convinced the judge to hear the case and to enter a default judgment and my ex-wife had gained full custody of my son.
I went to the clerk's office and told them what had happened and they apologized profusely and said that of course the judge will grant a revision hearing because I was misinformed the court. (Her lawyer of course filed a motion to not allow this revision hearing). A new court date was set.
Sounds like everything is ok but the problem is that meanwhile, enjoying the full custody, my ex-wife has signed my son up to a preschool which will make a change of his routine harder in future hearings. Also, I lost the chance for filing a revision should I not be pleased with the outcome of the hearing (I know I can file an appeal but that is very difficult).
My question is: I understand that the judge has the discretion to hear a canceled hearing but is there any legal motion I can file to have this ruling invalidated because it was conducted at a hearing which was proven to be canceled? After all it was the courts fault to give me false information.
Thank you very much for your feedback
PS: washington state
I checked the court roster 2 days before the hearing date and the opposing party's attorney had not confirmed. My lawyer also looked at the court roster and saw that the hearing was stricken due to not being confirmed. I even called the court and they told me it was stricken.
Her lawyer, however likes to play dirty tricks and went to the hearing anyway, convinced the judge to hear the case and to enter a default judgment and my ex-wife had gained full custody of my son.
I went to the clerk's office and told them what had happened and they apologized profusely and said that of course the judge will grant a revision hearing because I was misinformed the court. (Her lawyer of course filed a motion to not allow this revision hearing). A new court date was set.
Sounds like everything is ok but the problem is that meanwhile, enjoying the full custody, my ex-wife has signed my son up to a preschool which will make a change of his routine harder in future hearings. Also, I lost the chance for filing a revision should I not be pleased with the outcome of the hearing (I know I can file an appeal but that is very difficult).
My question is: I understand that the judge has the discretion to hear a canceled hearing but is there any legal motion I can file to have this ruling invalidated because it was conducted at a hearing which was proven to be canceled? After all it was the courts fault to give me false information.
Thank you very much for your feedback
PS: washington state