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Temporary Family Law Order

Discussion in 'Other Family Law Matters' started by tiggi, Mar 26, 2019.

  1. tiggi

    tiggi Law Topic Starter New Member

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    Jurisdiction:
    Washington
    My husband went and filed all documents for a parenting plan along with a temporary family law order in Snohomish County WA on 3/11 and had the respondent served on 3/16. The hearing for the temporary family law order is on 4/1 and the respondent still has not responded. What happens if she does not respond by the hearing date but still shows up to the hearing?

    Thank you
     
  2. army judge

    army judge Super Moderator

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    There could be a default judgment in your spouse's favor, however, the adversarial party might have obtained a postponement.

    The only way to know is for your spouse to attend the proceeding and be prepared for trial.

    To do anything less would be foolish.

    Never spike the football, but if you must, don't do so until your're safely within the confines of the end zone.
     
  3. tiggi

    tiggi Law Topic Starter New Member

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    Thank you for your response. He has all his paperwork he needs to bring to the hearing and he will call tomorrow to confirm the hearing. He's just curious on what to expect since he has not had any notice of her filing, seeing as he has not been served with a response. Does he need to file a motion for default or does the judge do that on his own? Also, does the respondent have to serve the petitioner with papers stating they asked for a postponement?

    Thank you
     
  4. army judge

    army judge Super Moderator

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    Anything I say about the upcoming hearing would be a guess.

    Your spouse should focus on HIS case, not the other party's case.

    He should be prepared for anything.

    If the other party fails to appear, he could move for a default judgment.

    That doesn't mean the judge will even entertain his motion.

    Now might be a good time for your spouse to do more research, or hire a lawyer.

    As Doris Day once sang, Que Sera, Sera (Whatever Will Be Will Be)

     
  5. tiggi

    tiggi Law Topic Starter New Member

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  6. zddoodah

    zddoodah Well-Known Member

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    I assume that "the respondent" is someone other than you and that this concerns a child that is a product of a relationship he had with some woman other than you?

    The court may continue the hearing. The court may decide the matter based solely on your husband's input.

    The court isn't going to do anything on its own other than make a ruling.

    Anything that either party files should be served on the other party.
     

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