Canceled adequate motion parenting plan hearing was held, judgment entered

Kaun

New Member
Jurisdiction
Washington
I am going through a severe custody battle where my ex-wife filed a protection order and then an adequate cause hearing for a forced change of the parenting plan giving her full custody. I appealed to the protection order and filed for dismissal of the adequate cause hearing because the protection order was an integral part of the opposing party's argument.

I checked the court roster 2 days before the hearing date and the opposing party's attorney had not confirmed. My lawyer also looked at the court roster and saw that the hearing was stricken due to not being confirmed. I even called the court and they told me it was stricken

Her lawyer, however likes to play dirty tricks and went to the hearing anyway, convinced the judge to hear the case and to enter a default judgment and my ex-wife had gained full custody of my son.

I went to the clerk's office and told them what had happened and they apologized profusely and said that of course the judge will grant a revision hearing because I was misinformed the court. (Her lawyer of course filed a motion to not allow this revision hearing). A new court date was set.

Sounds like everything is ok but the problem is that meanwhile, enjoying the full custody, my ex-wife has signed my son up to a preschool which will make a change of his routine harder in future hearings. Also, I lost the chance for filing a revision should I not be pleased with the outcome of the hearing (I know I can file an appeal but that is very difficult).

My question is: I understand that the judge has the discretion to hear a canceled hearing but is there any legal motion I can file to have this ruling invalidated because it was conducted at a hearing which was proven to be canceled? After all it was the courts fault to give me false information.

Thank you very much for your feedback
 
You hired a lawyer.
Speak to your lawyer, as too many lawyers spoil the petition.
 
Thank you, but I don't post here to get the answer to speak to my lawyer.

To the best of my knowledge, no lawyers from Washington post here regularly, which means that no one is in a better position to answer your question than your attorney.

That said, the answer to your question is yes. You can file all the motions you like (although your attorney is not obligated to file frivolous motions. However, the ability to file a motion has nothing to do with the likelihood of the court granting the motion, and no one here is in a position to opine intelligently about the likelihood of success of any motion you might file based on the limited information provided. You told us that your custody case is hotly contested. We known none of the background, but all of that is important to assessing things. It's also important to know the county where your case is pending and the judge handling the case. We don't know any of that, but guess who does. That's right. Your lawyer knows all that. And, even if someone wanted to hazard a blind guess, what are you going to do? "Hey Mr. Lawyer, some anonymous person on the internet said to file a blankety-blank motion. Please get to it."
 
Thank you, but I don't post here to get the answer to speak to my lawyer.
That is the most responsible answer you can be given. Your attorney is familiar with your case, as well as with the judge and how the judge rules. Why you would think a bunch of strangers on the Interwebs would know more than the attorney you have retained is flattering, but alas, counterproductive. o_O
 
That is the most responsible answer you can be given. Your attorney is familiar with your case, as well as with the judge and how the judge rules. Why you would think a bunch of strangers on the Interwebs would know more than the attorney you have retained is flattering, but alas, counterproductive. o_O
 
Jeezz people, is this an ad site for attorneys? First off I have an attorney but I am posting here to get other opinions and to learn about the law. Secondly, I think it is well possible that someone on this site, attorney or not, knows general rules of fighting rulings of stricken hearings. Being helpful is apparently frowned upon in this forum. The forum is called legal help and information and that's what I was trying to get. thanks
 
Thank you, but I don't post here to get the answer to speak to my lawyer.

Well that's the answer you're going to get because of the following:

Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.

You are paying for a lawyer. Use that person. That's what you're paying them for to get actual, legit legal advice.
 
Jeezz people, is this an ad site for attorneys? First off I have an attorney but I am posting here to get other opinions and to learn about the law. Secondly, I think it is well possible that someone on this site, attorney or not, knows general rules of fighting rulings of stricken hearings. Being helpful is apparently frowned upon in this forum. The forum is called legal help and information and that's what I was trying to get. thanks

Again:

Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.

 
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