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Old 10-21-2012, 10:25 AM
wife#2 wife#2 is offline
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Quote:
Originally Posted by Tayken View Post
If made only on motion it is not "final" and you should bring forward your own motion ... But, do so after reading my other posting and the jurisprudence you should leverage. If the matter is going to trial then you can just put it all into your BOOK OF AUTHORITIES.

TRIAL is no walk in the park. Nothing is *FINAL* until trial or unless both parties *CONSENT*. Motions are "temporary" and can only become *final* if consent is provided or a very STRICT set of criteria are met in the judgement which rarely happens.

Also, if you don't understand what i just wrote into the paragraphs above YOU NEED TO HIRE A TRIAL LAWYER AND FAST.

We understand fully. Here is our problem. While I am sure his ex would have gone to trial over this issue, we truely are, and have been trying to look out for the child's best interests. His school changes. It was ordered by the court 2 weeks before school. Not much we could do. We have no intention of going to trial over this, even though we believe we were right and OCL report was joke, etc., because we just don't think it is in the child's best interest to change schools AGAIN! It would be too confusing for him, and he has been through enough. While my hubby was very upset to lose time with him, now, a few months in, everything is working out and we just don't want to disrupt anything more for this poor kid. It should have been ordered to go to trial in the first place. Thats what we were told would likely happen, and in all our research ourselves, we thought this too. Even on this site, I have seen many people advice that a judge would not make such a drastic change based on emergency motion (unless of course, child was in danger). This was not the case here.
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