starfish1008
Junior Member
What is the name of your state (only U.S. law)? case is North Carolina, jurisdiciton retained in Illinois.
On November 20th, 2008 my ex-wife filed papers for a CC/CS case in a North Carolina courthouse. The divorce judgement had been entered in IL (I had to serve by publication since she fled to NC from IL without leaving an address). That judgement retained jurisdiction over all aspects of the case, including CC/CS.
On February 26th of this year I was served with papers for the CC/CS case. Since then there has not been a single hearing in regards to CC or CS. The only hearings that have occured happened in October when my ex's first attorney filed her motion to withdrawal and her second attorney filed a motion to amend the original complaint (which, if my legalese is up to par, didn't change anything about the original complaint). The case sat off-the-calendar from April to October. The hearing for the amendment to the complaint occured October 28th.
To date my ex's attorney has not filed any more motions with the court. He has not been returning my attorney's phone calls or e-mails since my attorney informed him that IL had retained jurisdiction over the case and that there was a pending motion to dismiss. The only reason my attorney hasn't moved forward with it is due to concerns that, although my ex has ties to IL, visits IL on occassion, and the children's godmother lives in IL, the judge may still decide to keep jurisdiction in NC.
This case is now 380 days old and there are no pending hearings or red calendar dates. According to the NC Court's own website they do not like CC/CS cases to go longer than 270/180 cases respectively. At what point does this case become inactive? When can (and will) a judge administratively dismiss this case?
Thanks,
starfish
On November 20th, 2008 my ex-wife filed papers for a CC/CS case in a North Carolina courthouse. The divorce judgement had been entered in IL (I had to serve by publication since she fled to NC from IL without leaving an address). That judgement retained jurisdiction over all aspects of the case, including CC/CS.
On February 26th of this year I was served with papers for the CC/CS case. Since then there has not been a single hearing in regards to CC or CS. The only hearings that have occured happened in October when my ex's first attorney filed her motion to withdrawal and her second attorney filed a motion to amend the original complaint (which, if my legalese is up to par, didn't change anything about the original complaint). The case sat off-the-calendar from April to October. The hearing for the amendment to the complaint occured October 28th.
To date my ex's attorney has not filed any more motions with the court. He has not been returning my attorney's phone calls or e-mails since my attorney informed him that IL had retained jurisdiction over the case and that there was a pending motion to dismiss. The only reason my attorney hasn't moved forward with it is due to concerns that, although my ex has ties to IL, visits IL on occassion, and the children's godmother lives in IL, the judge may still decide to keep jurisdiction in NC.
This case is now 380 days old and there are no pending hearings or red calendar dates. According to the NC Court's own website they do not like CC/CS cases to go longer than 270/180 cases respectively. At what point does this case become inactive? When can (and will) a judge administratively dismiss this case?
Thanks,
starfish