View Single Post
  #1 (permalink)  
Old 12-05-2017, 09:41 PM
2babymamas 2babymamas is offline
Junior Member
 
Join Date: Oct 2017
Posts: 4
2babymamas is on a distinguished road
Default Appeal a temp order ?

Hello all

Yesterday i had my first appearance in family court.

bit of background... my ex seeks sole custody, me to have supervised access, police enforcement ect

myself the respondent seeking a simple joint custody agreement with EOW access and a few evenings through the week

there is more history but I can give details later

Back to our first appearance... Family court in my area offers free mediation on a first come first serve basis, my ex has stated over and over that she was not interested in this whatsoever. My lawyer singed us up anyway as I've mentioned to her that i was interested... I was shocked and amazed when my ex agreed.

I was even more shocked when she agreed to joint custody during mediation... the whole process took about about 5 hours but the mediator brought us both a copy of the report to go over with with our lawyers we both signed off and went in front of the judge for a temporary order on consent...

and this is where things take a crazy turn... The judge reads over the report, then has a look at ex's application and my response. then begins to question ex and her lawyer.... Ive never heard a lawyer stutter and choke on his words like that, but ill give the guy credit he tried was even defending me at one point...

5 minutes later judge makes a temporay order giving my ex temporary sole custody.... WTF ???

The ex myself both lawyers even a senior partner from my lawyers firm all dumbfounded.

my lawyer just called me stating that she's never seen that happen before and we can appeal if i choose to do so...

has anyone seen anything like this happen before ?
i should have asked lawyer this but didnt think about it at the time but, if I appeal will it be a different judge ?

i should also mention that ex and i were communicating well for about 3 weeks leading up to court date Id like to keep that going as it is in the best interest of our son... im thinking if i appeal all that positive communicatiion goes out the window

anyways i have to get to work any input would be helpful

Thanks
Reply With Quote