I filed an Emergency OOP on behalf of my 15 year old son on 7/23 which was granted. The respondent is his father. We have been divorced approximately 10 years. I completed a detailed emergency OOP request with dates incidents and quotes. It was granted 7/23 and the trial/hearing set for 8/13. Here are 2 examples of things I listed: My ex punched him in the chest with a closed fist for eating in his room. My ex jumped on my son's chest and landed with both knees on his chest after humiliating him about his weight. My son refused to get on a scale in front of the family at a family lake house. My ex then whispered in his ear, "I want to End you." My ex got an attorney to file an emergency petition to rehear my OOP. Basically all that it says is that I didnt notify him, or his lawyer, or the GAL previously assigned to our kids 2.5 years ago when I had another OOP against him for similar physical attacks on my kids.
1) Did I have an obligation to contact him, or his atty, or the GAL? My son was refusing to go home and terrified of his father. The GAL does not have authority to decide immediate placement of my child away from his father therefore I don't think thas a lawyer and theyat was the right recourse.
2) What are the chances that our regular judge will overule the decision that an equal level judge made in a courtrom down the hall? Should I be worried worried or not???
3) My ex has a lawyer and they are demanding I pay his legal fees as they say he has a meritorious defense. Should I be afraid the judge will make me pay him? I did not lie on my petition.
4) What happens if I do not show up tomorrow? Will my OOP be thrown out? Or will the judge keep the trial date of 8/13/2018.
5) The GAL involved is awful. My ex filed for residential custody 8 months ago (we still share Joint Custody) and won because the GAL said the violence and anger mangement classes she sent him to 2 years prior worked and that was then, this is now. Now after 8 months of having my son live primarily with him, he has already resorted to physical aggression. Can I request a new GAL? Or if this GAL remains, can I ask that she be required to waive her fees since she disregarded his known (& documented in prior court proceddings) history of physical violence and anger issues?
6) Am I supposed to bring witnesses and evidence tomorrow? Or not until the trial as originally I was expected to do?
LAST NOTES: My son has Asperger's AND very severe ADHD diagnosed by a very thorough 5 day neuropsych exam conducted at a credible facility 10/2017. My son can be frustrating. Clearly my ex cld not handled the extra time interacting with him. A police report was filed regarding those last incidents I described and the police still might file assault charges. The police called DCFS who is still conducting their investigation.
1) Did I have an obligation to contact him, or his atty, or the GAL? My son was refusing to go home and terrified of his father. The GAL does not have authority to decide immediate placement of my child away from his father therefore I don't think thas a lawyer and theyat was the right recourse.
2) What are the chances that our regular judge will overule the decision that an equal level judge made in a courtrom down the hall? Should I be worried worried or not???
3) My ex has a lawyer and they are demanding I pay his legal fees as they say he has a meritorious defense. Should I be afraid the judge will make me pay him? I did not lie on my petition.
4) What happens if I do not show up tomorrow? Will my OOP be thrown out? Or will the judge keep the trial date of 8/13/2018.
5) The GAL involved is awful. My ex filed for residential custody 8 months ago (we still share Joint Custody) and won because the GAL said the violence and anger mangement classes she sent him to 2 years prior worked and that was then, this is now. Now after 8 months of having my son live primarily with him, he has already resorted to physical aggression. Can I request a new GAL? Or if this GAL remains, can I ask that she be required to waive her fees since she disregarded his known (& documented in prior court proceddings) history of physical violence and anger issues?
6) Am I supposed to bring witnesses and evidence tomorrow? Or not until the trial as originally I was expected to do?
LAST NOTES: My son has Asperger's AND very severe ADHD diagnosed by a very thorough 5 day neuropsych exam conducted at a credible facility 10/2017. My son can be frustrating. Clearly my ex cld not handled the extra time interacting with him. A police report was filed regarding those last incidents I described and the police still might file assault charges. The police called DCFS who is still conducting their investigation.
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