New crap from Ex

[CJane]

Why are they taking it to appellate court? Can they do that now, is it worth it? (Sorry, I must have missed something.)

Yeah, I think they still can, if they can come up with a reason or two. I'm sure they'll TRY regardless. They mentioned it today, just flat out told the judge that they weren't happy with the judgement and 'will go as far as necessary' to get the judgement they want. That's when he told them to condsider whether it's wise to waste the court's time.

Oh and Congrats! This stress is tremendous!

I'm almost numb to it by now. Thanks.

I am happy to see a judge listening, gives us all hope.

Yeah, every time, I get scared that his wife was a b*tch that morning, or his coffee was terrible, or he stepped in dog poo, and everything will fall apart. But I suppose he wouldn't have been a GAL and then a family court judge for the past 15 years if he sucked at his job.

 

[waitinMd]

I don't understand the appeal deal.

I was told it really ticked the judge off. I asked for a full trial and was not granted one, in fact my motions were never even heard. I had an hour hearing.... I wanted to appeal and was warned not to do it. My case is going back to the Master in August, which is better.... he listens better than the judge does!

Isn't it expensive to appeal? Can't your ex actually have some of his rights taken away for wasting the courts time?

Have a great holiday! You deserve it....

 

[Zephyr]

Congrats.....

 

[CJane]

I don't understand the appeal deal.

They can appeal if they believe there was an actual error of law, or the judge misinterpreted the law. Us adding in the 'reasons' will actually take away some of their basis for appeal (which was already questionable) since it WAS an error and is being corrected.

I was told it really ticked the judge off.

I'd imagine that it does. Afterall, the dude's JOB is to make rulings, and they're essentially saying he sucks at his job.

I asked for a full trial and was not granted one, in fact my motions were never even heard. I had an hour hearing.... I wanted to appeal and was warned not to do it. My case is going back to the Master in August, which is better.... he listens better than the judge does!

Are you going pro se? I can't remember.

Isn't it expensive to appeal? Can't your ex actually have some of his rights taken away for wasting the courts time?

Expensive in the sense that he's paying his attorney out the wazoo, yes. It used to scare the crap out of me that he's got tons of money, and I'm essentially living paycheck to paycheck. If it wasn't for the fact that my dad and mom have loaned me money throughout this deal, I don't know what I would have done. But it turns out, his money isn't helping him at all. He's breaking himself.

I don't know if they'd change things because he's wasting the court's time. He's not doing anything illegal, and being an a$$hole isn't enough reason to change custody. What I CAN see happening is the judge remembering all of this stuff and the next time we're in there for a modification, finding in my favor just because the ex is so unreasonable. And we WILL be back in there for modification before the year is out, I think. Ex wants to put his house on the market and move out of state.

Have a great holiday! You deserve it....

Thanks, I will. I'm picking the girls up at 8am and we're heading out to my mom's house for a family reunion. 35 - 40 Swedes and around 50 pounds of catfish to fry. FUN!

 

[weenor]

Actually on appeal, the lawyer will be arguing that the judge abused his discretion in making the ruling by misapplying the law to the facts. The "abuse of discretion" standard is difficult to win because it basically means that the judge's decision will not be overturned unless there is some very good reason to do so.

 

[waitinMd]

Are you going pro se? I can't remember.

I have a lawyer, changed once per the forum's recommendation. So, I've had two lawyers.

What I CAN see happening is the judge remembering all of this stuff and the next time we're in there for a modification, finding in my favor just because the ex is so unreasonable. And we WILL be back in there for modification before the year is out, I think.

And the ex being unreasonable, according to MY county, would be enough to say he can't co-parent.

In fact, a women I work with won custody in Maryland because her ex kept taking her back, filing contempt, appealing and wasting the courts time. The judge gave her full legal, and named her the custodial parent. Her ex has visitation.

 

[CJane]

Actually on appeal, the lawyer will be arguing that the judge abused his discretion in making the ruling by misapplying the law to the facts. The "abuse of discretion" standard is difficult to win because it basically means that the judge's decision will not be overturned unless there is some very good reason to do so.

Hmmm... ok. Thanks for clearing that up.

What would be an example of such abuse or misapplication?

 

[CJane]

And the ex being unreasonable, according to MY county, would be enough to say he can't co-parent.

What's funny is, the ex keeps saying that we can't co-parent. Said it again today. The GAL stood up and said "I have a stack of emails between both parties from both prior to and after the modification was filed. Communication ONLY broke down after filing, and only by one party. If I had to point fingers, it wouldn't be toward the respondent." (me)

Maybe that'll come back to bite him later, I don't know.

I do know that my attorney is so pissed at him right now, she offered to represent me for free in the future, and offered to represent me against the babydaddy for free as well. I passed up the offer about the baby daddy stuff, since I'm pretty sure I've got it under control, but it's nice to know I'll be able to use her in the future without going broke.

 

[waitinMd]

I'd take her up on the freebie!

Everything is so complicated. I found lots of information on appeals, which is also complicated. Then it goes into 'reversible error' and many other stressful things!

Thanks for posting your case and answering all our questions! You're in my prayers as well as your children...

Breath easy now... Enjoy your fish fry

I'm off to fix speghetti !

 

[LdiJ]

Congrats from me too CJane....I am glad that everything went as expected. In fact, it went even better than I expected since the judge ripped them a new one. I hoped that would happen! It is also excellent that the judge is re-writing the order to make it more appeal proof. You do realize that making it more appeal proof is specifically WHY the judge is re-writing it?

I also suspect that your ex wants to move out of state because he somehow has it in his head that he will get sole custody back and will be able to take the kids with him.. His odds of getting that or of getting to move with the kids are so slim as to virtually be non-existent....particularly since he has made such a fool of himself with the judge. He just doesn't understand that he isn't in control anymore.

Again, congrats!

 

[CJane]

Congrats from me too CJane....I am glad that everything went as expected. In fact, it went even better than I expected since the judge ripped them a new one. I hoped that would happen! It is also excellent that the judge is re-writing the order to make it more appeal proof. You do realize that making it more appeal proof is specifically WHY the judge is re-writing it?

Yeah. I thought that was the case, and asked my attorney about it afterwards. She confirmed that.

I also suspect that your ex wants to move out of state because he somehow has it in his head that he will get sole custody back and will be able to take the kids with him..

Well, I think that's why he wanted to revert to the original order. He would have had a lot more ability to move when he had the sole right to choose the location of their schools and stuff. Now that we have to agree, he knows I'm not going to be really happy about moving them to a different district unless I see concrete proof that it's better than where they go now... and considering this is one of the best districts in MO, I can't see that happening.

His odds of getting that or of getting to move with the kids are so slim as to virtually be non-existent....particularly since he has made such a fool of himself with the judge. He just doesn't understand that he isn't in control anymore.

My attorney kept saying today "We should have gone for full custody, we should have gone for full custody". So I asked what the chances of me getting full custody are, should he move. She too, feels that they're excellent since we now have joint custody and I have the kids 60% of the time. While I'm not looking forward to going back to court, it would be awfully nice not to have to deal with the ex a couple of times a week.

Again, congrats!

Thanks.

 

[BL]

Actually on appeal, the lawyer will be arguing that the judge abused his discretion in making the ruling by misapplying the law to the facts. The "abuse of discretion" standard is difficult to win because it basically means that the judge's decision will not be overturned unless there is some very good reason to do so.

My Lawyer won my appeal , but we had the Laws clearly cited on my side .

The matter was remitted back to Court solely for purposes of enforcement of my visitation rights .

The first Judge just didn't like me . When it was remitted back , the trial occurred with the X's not showing , my testimony , and most ruling for me .