Q: How to object to a ruling when evidence wasn't considered in a parenting plan move case?
I relocated from Florida to Georgia with my child's other parent's consent, given via text message. However, during a recent court hearing regarding our parenting plan, my agreement wasn't recognized, and the magistrate ruled against me, claiming I didn't inform him of the move. The parenting plan requires proven consent for such moves, which I have in the form of text messages. What steps should I take to object to this ruling and ensure my evidence is presented properly?
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A:
To object to the ruling, you’ll first want to file a motion to reconsider or a motion for a new hearing with the court. In your motion, clearly explain that you have evidence, such as text messages, showing that the other parent consented to the move. Emphasize that this evidence was not considered during the hearing and that it is important for the magistrate to review it before making a final decision.
When filing the motion, be sure to attach the text messages or any other proof you have of the agreement. You can also ask the court to allow you to submit additional evidence or request a specific hearing to address this issue. Make sure you follow the court’s procedure for submitting evidence and motions, which may require you to give notice to the other party.
If you’re unsure of the process, consider seeking help from a legal aid organization or a family law attorney who can help you navigate the situation. With proper documentation and a clear explanation, the court may be willing to reconsider the ruling based on the new evidence.
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