starting a motion - receiving the answer - then what?

[BitHunter]

Hi,
So after starting a motion and receiving the answer what can I do?

My motion is short, a few paragraph and 3 emails. The answer is page of lies, irrelevant bs, denying and rejecting everything. Is there any way to respond to that? I sent an offer to settle to my ex's lawyer but it was rejected. How can I show the judge that I'm trying to be reasonable?

[BitHunter]

Any idea? Is there any way to reply to their answer? Or can/should I file an affidavit?

[BitHunter]

Please, Please!!
We have the court date on next Thursday.
Can I draw up and file an affidavit where I can point out the lies in the Answer to my Motion to Change??

[Pharah]

You can submit an affidavit (only for the things you can prove) that her answer is a load of crap, otherwise wait for the hearing. You will have a chance to discuss this in court.

[BitHunter]

Thanks Pharah! I'm a newbie in the court system. (and already fed up with it)

What can I expect on a hearing? Can the judge make some kind of temporary order? Can I ask the judge to make an order? What happens usually? (I started the motion for increased access, because 7 hours biweekly what my ex allows is just not acceptable)

[Pharah]

If you don't already have an order, the Judge may make a temporary order for custody/access/child support, otherwise they will try to get you to work it out without going to trial. I would assume that the Judge will want to know why you have such limited access, if you have a room for her to stay in and that the environment is safe, etc. Otherwise, I can't see why you wouldn't get what you are asking for.

In my case, my ex tried to stop us from going to Mexico on vacation and when my ex could not come up with a good reason, the judge granted my motion.

Having a relationship with both parents is almost always considered the top priority, unless in the case of abuse.

Hope all goes well.

[Epona]

Judges don't like to read a lot of superfluous "stuff". You can tell the Judge (when you have your turn), that you have tried to negotiate a settlement and she isn't being ... co-operative at negotiating. She has to be able to prove her claims.
Think very carefully about what you want to say to the Judge. Don't turn it into a "she said, he said" battle. Deal with the facts. Since you disagree with what your child's mother wrote, tell the Judge that (in diplomatic terms). You disagree with the things she wrote, which are emotional outpouring of a mother concerned about your (as in you and her) child and can disprove her points (if you can) if required. Deal with the facts. How old is your daughter? Seven hours every two weeks doesn't seem like very much...
Do you have an agreement? Does the agreement say you need to try mediation before court action is taken? If yes, and you haven't tried mediation her lawyer (if she has one) may try to have the case dismissed, unless you agree to an adjournment to try mediation first.
Good Luck!

[BitHunter]

Thanks guys, I need every little bit of luck! I'll be wiser by Wednesday afternoon.
Our daughter is 7 year old.