This is my very first post here:
I filed an urgent motion before case conference, we haven't been to first appearance yet. Had hearing yesterday, presiding Judge didn't find it is urgent, and pointed out the relief I was seeking should be brought in by Motion to change, and wait for Case Conference.
There is currently a Final Order in place, the other side constantly violating access order whenever he wanted and withheld the child on visitation in March 2020 as a bargaining chip to get what he wanted from me. He is now asking to eliminate child support arrears and drastically reduce child support. I opposed and requested income to be imputed. The following weekend, the child was overheld again as a punishment for me, and he asked the child (13) to reply to my angry message towards him. I filed Urgent Motion following that, on the base that he could use the child as bargaining chip again to force me to accept child support change, or at least to cause distress on me. The Judge didn't find the child in danger, although heard that the other side was violating court order. The Judge didn't say anything when I said the child's wellbeing was in jeopardy. The Judge insisted that if the child was not in immediate physical danger, then it was not urgent. It could wait till Case Conference.
Due to some procedural issues, the hearing was scheduled to be heard again on Jan. 27, 2021. Given the Judge's opinion, it is unlikely I will get anywhere. So I am planning to amend what I am asking to something like:
The other side must follow Final Order, return the child on time. Not involve the child in the middle of conflict. Possible police enforcement? So at least he cannot use the child to threaten me to agree into anything.
I will drop my request for supervised exchange.
Will I be able to do that? Can I just change what I am asking in the Confirmation? without amend the Motion itself, given that it is only 2 weeks left.
Thanks for any input!
I filed an urgent motion before case conference, we haven't been to first appearance yet. Had hearing yesterday, presiding Judge didn't find it is urgent, and pointed out the relief I was seeking should be brought in by Motion to change, and wait for Case Conference.
There is currently a Final Order in place, the other side constantly violating access order whenever he wanted and withheld the child on visitation in March 2020 as a bargaining chip to get what he wanted from me. He is now asking to eliminate child support arrears and drastically reduce child support. I opposed and requested income to be imputed. The following weekend, the child was overheld again as a punishment for me, and he asked the child (13) to reply to my angry message towards him. I filed Urgent Motion following that, on the base that he could use the child as bargaining chip again to force me to accept child support change, or at least to cause distress on me. The Judge didn't find the child in danger, although heard that the other side was violating court order. The Judge didn't say anything when I said the child's wellbeing was in jeopardy. The Judge insisted that if the child was not in immediate physical danger, then it was not urgent. It could wait till Case Conference.
Due to some procedural issues, the hearing was scheduled to be heard again on Jan. 27, 2021. Given the Judge's opinion, it is unlikely I will get anywhere. So I am planning to amend what I am asking to something like:
The other side must follow Final Order, return the child on time. Not involve the child in the middle of conflict. Possible police enforcement? So at least he cannot use the child to threaten me to agree into anything.
I will drop my request for supervised exchange.
Will I be able to do that? Can I just change what I am asking in the Confirmation? without amend the Motion itself, given that it is only 2 weeks left.
Thanks for any input!
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