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Status Conference Tomorrow What to expect?

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cmykds

Member
What is the name of your state? WI

To try and sum up my history.

In 2005 I was the NCP, took ex to court for contempt (was refusing me visitation) In June. Saw the kids EOW. In Oct 2005, ex was evicted and moved out of state without notification. Nov 2005 police located ex. She was order back here, and no to remove the kids form the state, GAL assigned. Two weeks later X-mas eve ex packed up all of the kids clothing and left them with me, moved out of state to be with husband. January 2006 I was granted temp sole custody and primary placement and custody eval was ordered.

Kids (3 and 4 at the time) started talking about abuse. May 2006 ex moved back here, again unannounced. In Oct. 2006 Custody Eval and GAL because I had no proof to back my claims of abuse decided 50/50 every other week was in the kids best interest.

Dec 2006, two days after X-mas, daughter was physically abused by ex's husband. Burned with scalding hot water for getting them dirty. Kids placed with me and ex is given supervised visits. Ex's husband goes to jail for a month before being released on bond. Ex continues to defend husband and gets pregnant again while he is awaiting trial. Ex see's kids 1 hour a week supervised, and can call on weekends. Calls occasionally, in April stops calling all together. Cancel's numerous visits due to other appointments. Will not show up to visits if she is required to do any driving.

June 2007 Husband found guilty and sentance to 5 years 6 months, initial confinement of 18 months. Ex gives a statement on his behalf in the sentancing hearing. Daughter also makes a disclosure to her therapists that step dad also sexual abused her. Police investigate. Filed charges with the DA. Ex continues to defend husband. DA expected to formally file charges in a matter of days...

Sept 2007, CPS at my request petitions court to terminate CHIPS in County B, because I have a family court order that will continue to protect the kids in county A, and because ex is not cooperating or participating in the CHIPS order, and because no one resides in county B since January 2007. Visits never progressed beyond supervised, due to ex having to be warned numerous times not to discuss husband with kids telling daughter he said he was sorry, it was an accident, that she needs to stop telling lies, etc, daughter (5) was interviewed about this she asked case manager not to leave her alone with ex.

Ex decides to start calling every day. Kids began wetting the bed and having problems in school, decided to only allow calls on the weekends as in the court order. Did not visit with kids all of September or October, because she did not want to drive to county A, wanted case manager to transport kids to her in county B.

October 2007, County B terminates CHIPS because family court order is in place in county A. Final order even states this is the reason why. Same day ex comes to county A and files a motion to modify. citing "She wants the kids EOW and on holidays and school closing's, due to a few facts, The CHIPS case is no longer active in County B and that she feels there is no reason she and I should share custody, and that she does not need supervised visits.

Apparently family court here made a couple of changes in the past few months and now all new motions are heard in front of the commisioner. I feel like we are starting over. The case manager, our GAL, and my daughters therapist have all written letters, and I filed a response. All against her having unsupervised visits.

The commisioner wouldn't just change things against everyone's advice, would they? Will they order another evaluation and/or mediation? I just feel like we are starting all over in the process, I thought this would just automatically go back in front of our Judge, not the commissioner (another new person who doesn't know the full history).

I'm not too worried because I don't think ex has a leg to stand on, she has not taken any initative throughout this process, even refused to go to court ordered counseling. she went once and then said it just didn't work out due to personal issues. Yeah that's the whole point. But with another new person I always get leary. It seems it take people awhile for them to catch on to ex's true self.

I no there are no crystal balls, but I just wondering if anyone had any advice on what I can expect.
 


LdiJ

Senior Member
Hopefully, with all of those recommendations the commissioner will make the appropriate decision. However, if the commissioner does not, you need to appeal the case to the judge.
 

cmykds

Member
Motion Dismissed now what?

Ok so we had the status conference. The Commissioner decided that this needed to be referred to the Judge, since he was new and didn't know the history. We received a copy of a letter from the Commissioner to the Judge stating that Ex basically does not have anything showing a substantial change in circumstances, and that he does not feel it would be benificial to use juditial resorces to consider her motion.

Today I see online that the Judge has reviewed and dismissed her motion because the facts even if true are not suffiecient to support the requested change.

So I'm just wondering what will happen now, obviously I know that nothing is changing but what can the EX do at this point? Can she appeal the Judges decision some how? Can she just keep trying to file motions? Would there be a status conference each time? She does not have an attorney.
 
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casa

Senior Member
Ok so we had the status conference. The Commissioner decided that this needed to be referred to the Judge, since he was new and didn't know the history. We received a copy of a letter from the Commissioner to the Judge stating that Ex basically does not have anything showing a substantial change in circumstances, and that he does not feel it would be benificial to use juditial resorces to consider her motion.

Today I see online that the Judge has reviewed and dismissed her motion because the facts even if true are not suffiecient to support the requested change.

So I'm just wondering what will happen now, obviously I know that nothing is changing but what can the EX do at this point? Can she appeal the Judges decision some how? Can she just keep trying to file motions? Would there be a status conference each time? She does not have an attorney.
I'm glad your case has progressed as it has...aside from the delays. ;)

The Judge has dismissed her motion~ there's no motion on the table anymore. That's it. I doubt she'd appeal it, considering her lack of action in the past...and even if she does, since she failed all that was required of her & continues to support her pig of a husband...she wouldn't prevail anyway.

I think it's OK for you to exhale now. There is no Judicial error for her to base an appeal on IMO. (Though I'm not terribly familiar with Alabama state law specifics.)

Stay tuned for more input from other members
 

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