Q: Can i file a "Motion to Enforce Litigants Rights" as a response to a "Motion to Modify a Court Order" (parenting plan)?
My ex has failed to comply with our Parenting Plan that was worked out, through the courts, with a mediator. Yet SHE filed a "Motion to Modify" the plan, claiming "the mediator isnt working", even though SHE is the only one not following any of the plan. Can I file a "Motion to Enforce Litigants Rights" as a "certification in response to", or as "...a certification in opposition..." and/or "...in support of cross application..."?
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A: No, you need to file responsive pleadings and then a cross-motion. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking). Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
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