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How does one keep motivated....lost my case today

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  • How does one keep motivated....lost my case today

    Today, I had requested that I get a travel consent order, I had self represented against my ex's lawyer.

    Is it me or sometimes, no matter what you say, the judge simply doesn't listen and makes his own reasoning which blows me away and really crushes my spirit in what we call justice.

    On our court order, we are entitled to only one vacation per year. My ex took two vacations this year, and my ask was that I would be entitled the same as I only took one vacation.

    Lawyer said, since this is out of country, my client never has consented to child leaving country. I responded with her passport application she made last year to take him out of country.

    Lawyer said, it is only one week as per court order and we need to follow this, he should not be making his own rules. I responded back with the email my ex sent me saying she already has taken two vacations and I said she is the one violating the court order not I.

    Lawyer said, there are concerns around a child abuse allegation with client. I responded that the file has been closed and it was proved false. She has made numerous allegations that have been proven false.

    I said to the judge that what I am asking for is simply fairness here as if she is taking two, I can take two as well.

    However, the judge basically said, he will not do it because he doesn't wnat to change the order and therefore are not allowed to go on vacation.

    On one hand i understand he wants us to follow the court order but how is that fair or am I just out for lunch here?

    I don't get this, so basically she has unilaterally now had an extra week of vacation and she gets away with it?

    I was even told by legal counsel that my reasons were solid and asked if she can represent and she said no, your reasons are valid!

    I feel dejected and defeated. Can people maybe share their experiences of where they've lost but in the end have won? I currently have primary residence of him....so at least I have that?
    Last edited by FirstTimer; 11-26-2015, 10:45 PM.

  • #2
    Why didn't you swear out a contempt charge against the ex? It would have made more sense especially with your ex Admitting to be in the wrong.

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    • #3
      Sorry what I meant is that I said she is the one violating the order in the first place not I. Which would have led him to say oh damn, you are right she is but he simply ignored it.

      My question is do you side with the judge and I am wrong? I just have never had a feeling where you think the world is up but it's actually upside down.
      Last edited by FirstTimer; 11-26-2015, 10:50 PM.

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      • #4
        Sometimes it comes down to simply a judge's prerogative. You win some and you lose some. Don't beat yourself up over this. You gained experience which very well may benefit you should you have to attend court for a more serious matter.

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        • #5
          It's just mind boggling when it actually happens to you. I remember lawyers have told me, child services even told me where they just shake their heads at the judges decisions but then like you said, chalk it up to experience.

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          • #6
            How old is your child?

            To clarify. You have an order which states that you can only have 1 vacation per year each? You are primary caregiver so you have the child all the time? 50/50? 40/60. How did you end up with a court order that only allows vacation. Is this a out of country vacation or vacation on the other parents time?

            I am a little confused?

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            • #7
              Child is 4 1/2 years old.

              I have him 70/30. We are joint legal custody with physical residence of me.

              Judge had ordered it.

              This is out of country.

              Originally posted by Beachnana View Post
              How old is your child?

              To clarify. You have an order which states that you can only have 1 vacation per year each? You are primary caregiver so you have the child all the time? 50/50? 40/60. How did you end up with a court order that only allows vacation. Is this a out of country vacation or vacation on the other parents time?

              I am a little confused?

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              • #8
                Ok, so your order states that each parent can only take child out of country for 1 vacation a year but your ex went on 2 vacations and you went on 1 and wanted to go on a second one.

                How did your ex take the child out for a second vacation without your consent? Why so many out of country vacations?

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                • #9
                  Small Potatoes.... Make next vacation twice as good.

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                  • #10
                    This is true you are right. It is just a vacation I now have to cancel

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                    • #11
                      I agree with Links! But if it was only " out of country" try a vacation in Cananda. Lots of great opportunities here. Is child not i ,school. Was this during school vacations?

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                      • #12
                        Well it was out of country but the way the judge ruled it was that before I even give travel consent it says you only have one vacation so you can't go on vacation period

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                        • #13
                          The judge wasnt going to decide against an order you agreed to. If you want this changed you should discuss with your ex changing the wording in your order to either two vacations or two vacations plus not denying other opportunities to travel if they present themself. It sounds like your ex may be agreeable to that since she knows she broke the order. If you can get her to agree to that, file the motion to change then if she goes back on her word you can try a contempt charge.

                          As my partners lawyer told him, judges at the first level dont like to change law or go against an order/agreement. To get it changed without doing it yourself you would have to appeal. (At least thats my understanding of what he said)

                          Remember this though, next year when she wants two vacations you say no.

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                          • #14
                            It was bad arguing on my part. I sent her a request a month ago and then her lawyer as well, they said no. They knew she took a second vacation so their defense was that they were concerned about an abuse allegation which I squashed right away with my evidence that it was closed by the police.

                            It was only when the judge read the court order that it says one vacation that he was like oh well I'm concerned about this. Then her lawyer jumped on the fact that it said one vacation and tried to say that it clearly states one. Then I said I have an email from my ex back in August that states she is reading the court order as 2 vacations and subsequently took her 2nd vacation.

                            Maybe my mistake was I didn't tell the judge to read it as I held up the email. Would it have changed anything? or was he bent on not liking to change an order. I then said all I'm asking for is the same courtesy I gave her to go on two vacations.

                            My mistake was maybe then I should have said, she took two vacations. The 2nd one was not in the court order, I would like those days back to make it for that time? Would that have worked or like you say, Judges simply don't like to go against an order agreed to and change it?

                            I would have let this go, but we booked a vacation next week so we will be out $2000 in cancellation fees.

                            I was thinking of doing an ex-parte (there are no available scheduled bookings next week) next week to show the judge the email and come it from the angle of I need an enforcement of time order as she took that first week and that because this is urgent, flights leave on Dec 6th. Maybe get a sympathetic judge.

                            I would like to use that week.

                            I understand ex-parte is usually for EPO's and such but do you think it's worth a shot or a judge would be like get the hell out of here. What can go wrong?

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                            • #15
                              You sent a request to your ex a month ago and she said no. You went ahead and booked the vacation anyhow. That was a risk. I think you might be taking another risk by going back to court and arguing something that has already been decided res judicata and you will likely be nailed with your ex's lawyer's costs which could easily be another 2k on top of the costs you were likely nailed with from yesterday?

                              I'd simply chalk it up as a lesson learned. Sorry this happened to you.

                              Comment

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