should I be present?

[luckymom]

My ex and I went to court 8 months ago. He was suing for custody, I was suing to raise support and alter traveling arrangments. In the end, I retained custody, support was raised, etc. For the last 8 months, I have been struggling to get the order signed. Since ex was unhappy with what hte judge ordered, he and his lawyer have attempted to manipulate the content of the order by adding stuff that wasn't ordered and not including things favorable to me that were. We have already been back to court for a motion for entry, a transcript of that hearing (and the original hearing) have been obtained, but ex still won't sign. So my lawyer has filed yet another motion for entry. My question is, should I attend the hearing? My lawyer says it is not necessary because no new testimony can be offered, but in reading the transcript of the second hearing (I didn't attend), it is clear that both ex and his wife spoke to the judge. My lawyer said this shouldn't happen, but it did, as the transcript demonstrates. I live out of state, so of course there is some expense involved in going . . .

 

[stealth2]

It's always been my opinion that it's a very bad idea to not be in court, especially when there are ANY issues with a child involved. I'd be there.

 

[luckymom]

Thanks for answering. I tend to think that too, but my lawyer was adament last time around that it wasn't necessary and might even annoy the judge.
Is it possible to somehow address the impropriety of allowing new testimony to be offered during the motion for entry trial? My lawyer says, why bother, it didn't effect the outcome. Still, aren't judges supposed to follow the laws about procedure?

 

[snodderly]

Judges are supposed to do a lot of things that, sometimes, don't get done properly. Pointing out what you think he did wrong is only going to piss him off and a pissed off judge is no good to you.

I was told by my attorney in January that I was not needed at a hearing...."a simple matter that will only take a few minutes." It's a 7 hour trip for me so I chose not to go. Guess what, the judge wanted to know where I was. Things were continued until I could be there. In the mean time my ex husband's attorneys have asked for and been granted 4 continuances. If I were you, I'd show up every time there was something on the docket.
snodderly

 

[BL]

I agree .

Lawyers words to their clients aren't always correct. I was told that my appeals was going to be oral arguments by my attorney. She told me the date and time.She said I could sit in and listen if I wanted. I showed up to listen and sat there 1 1/2 hrs. My lawyer never came. Finally I ask a clerk when my case was being heard . She said there is no docket with that case name today.
Come to find out the appeals were submitted in writing instead .
Needless to say I was not too happy. I did win though .
I also did alot of the research,and advised her of laws she was unaware of pertaining to my case,and made it clear I wanted her to include them .