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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-16-2021, 01:17 PM
cranberry cranberry is offline
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Default So Confused

Ex and I have been in and out of court for 12 years. He's been attempting to remove our kids from my care permanently for the past 4 years. We are currently languishing in MOS hell; we do not have a current court order.

Last night I received an email string from my lawyer (ML), between her and his lawyer's assistant (HLA). It goes as such:

HLA -- His lawyer wants to know if ML will accept service of motion to change

ML - reiterates we don't have a court order, have been requesting this matter be resolved for months. No court order, nothing to change.

HLA - says this is a first appearance, will ML accept service of change and Respondent's MIP and instruction sheet

I am confused. How can this be a first appearance and why would an MIP be applicable now?

Anyone care to guess and/or enlighten me on what may mean?
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Old 11-16-2021, 04:45 PM
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mafia007 mafia007 is offline
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If you've been to court on and on for the past 12 years, you surely don't need to attend a Mandatory Information Program. This is only required at the very beginning of the litigation.

If you have been to court for so long, how come you don't and still have a final order issued on every topics of the litigation?

Of course, if you don't have a final order, they cannot in any instance initiate an action for a Motion to change. Ridiculous.

After 12 years spend at court, start by having a final order on all disputed issues at once!
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Old 11-17-2021, 11:21 AM
cranberry cranberry is offline
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Our MOS were in dispute and then Covid hit. Courts were not interested in petty bickering parents (I can admit my own flaws). My lawyer has been asking his to get this issue resolved for months; all requests ignored. His lawyer keeps asking for a motion to vary. My lawyer and I are banging our heads on the proverbial desk that they don't want to follow procedure.

No, I don't see the need for an MIP either. We are long past that stage.
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