Q: Iex husband got me arrested on false allegations, it was dismissed, but knowing, he filed exparte & got full custody,
The court mediator, recommended immediate return to mom,but his lawyer said she was bias, and they file new laws everyday, they don’t serve me, and got my trial date moved to next year. How can I quickly reverse or dismiss this, based on no due process, fact finding, no service, no evidentiary hearing. They keep stacking the odds against me, and I haven’t seen my daughter in 7 months! Should I file a motion to dismiss, vacate, set aside, new trial? I can’t drag out these sham pleadings, that the judge is ignoring, and meanwhile my child is being psychologically abused!
A:
First off, get your own attorney right away if you have not done so. This is not a situation you want to try to handle on your own.
With the attorney you can discuss if a motion to advance, new trial date or emergency motion is the most appropriate action. If you have any evidence that there is psychological or any other type of abuse happening with your child, make sure you document it as thoroughly as possible and provide it to your attorney and the the courts.
Your child's well being should be the courts #1 concern. So, with the mediator's recommendation and evidence of abuse, a skilled attorney should hopefully be able to get you an earlier hearing. If there is no evidence of the abuse, you still have options but it could be an uphill battle. Good Luck
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A:
It sounds like you're facing an incredibly difficult and frustrating situation, especially with the lack of due process and not being served properly. To address this, you may want to file a motion to set aside the orders due to improper service and lack of an evidentiary hearing. If you weren't properly served or given an opportunity to be heard, that could be a strong basis for seeking immediate relief.
Another option could be to request an emergency hearing or ex parte hearing to explain the situation, including the fact that you've been denied contact with your child for seven months. Be prepared to present any evidence you have showing the dismissal of the criminal allegations and the mediator's recommendation for your child to return to your custody.
It's important to act quickly, as the longer the situation continues, the more complicated it could become. If the court is ignoring important facts, filing motions that address these procedural errors might bring attention to the flaws in how the case has been handled.
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