Q: will a judge sign a proposed order at a magistrate's exception hearing if there are no findings?
I am the petitioner. My Ex wife, the respondent, submitted exceptions to the magistrate's proposed order (best interest of the child) which was all in favor of the child relocating with me and recommended my proposed parenting plan and hearing is coming up on February 9th. The hearing is with a judge. She has atty, I do not. I am confident that there is no justification for her exceptions. Can she bring new evidence (she's been clean for 90 days since) that will overturn or affect the order? Will the judge sign the order if no findings or discrepancies? Can she file further exceptions? The child is being cared for by maternal grandparents as she has a non-judicial safety plan from a DCFS intervention. I cannot take him to my home state of Nevada where I have lived because she will not agree.
A: I strongly recommend you have an attorney with you at the exceptions hearing.
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