I knew I'd gotten played by the courts....I just didn't realize how badly until now. In March, I will be able to afford a great attorney. If they don't do anything at this appeal hearing, am I allowed to reexamine in March? Or is this final?Quote:
Quoting gam
I honestly can't say why it says Order, it should not, but without actual first hand facts or seeing the document, I can't tell you, I just know something is not right here. No Ref has the power to make an order, however if you signed it that day, it could be an order, if you missed the objection time frame, it could be an order.
Once a Ref makes a recommendation, you do have a choice, you either accept that recommendation or you object and no you don't have to follow that recommendation, you only have to follow orders that are made by Judges. Again though I am not sure of what exactly occurred here in your case, because you seem positive you have an order, not a recommendation.
Ref's will do that, and they do that often when you don't have a lawyer. Technically the Ref should have stopped since you were not in violation. Dad should have had to file another motion to modify the current parenting time order. Refs function is to do whatever they need to, to keep this out of the Judge's hands, they will fudge things, make you feel like you have no choice but to accept their recommendation. It works, as most don't know their rights, don't know what the laws and rules are, are scared to death to be sitting in court. It's not how they are suppose to do it, but it is what most often occurs, at least from what I have seen. Once you don't object to the Ref's recommendation, then the Judge signs that recommendation into an order, it works as most just take what the Ref's recommendation is and think they have to and that the Ref is making an order and that they have the power to.
So now without knowing if this really is an order, I can't really tell you what you need to do at this upcoming hearing. It might be wise if you went and copied all documents in your Circuit Court file and have a consult with a lawyer. Many do free consults and it really would be worth your time to find out exactly what has gone on and what you have going.
Are you on the east side or west side of the state? Small county or big county? You can look up your county circuit court online, read everything on it. You should also look up your FOC handbook online and read that if it is there. If not look up the state model FOC handbook, it explains much of this well. All counties have to follow the laws set by the state, however there are separate court rules, each county can have a different handbook, and they vary on things. But there are certain things that are suppose to be done the same way and follow the same laws and rules.
My Daughter is Being Emotionally Mistreated
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08-12-2013, 06:23 PMKayla88Re: My Daughter is Being Emotionally MistreatedI knew I'd gotten played by the courts....I just didn't realize how badly until now. In March, I will be able to afford a great attorney. If they don't do anything at this appeal hearing, am I allowed to reexamine in March? Or is this final?Quote:
Quoting gam
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08-12-2013, 07:36 PMgamRe: My Daughter is Being Emotionally Mistreated
Your allowed in Mi to file a modification anytime the circumstances change in a case. Depends on the individual court if change of circumstance is looked at really hard, most I know in Mi, you really need little to refile later.
What has gone on up until this hearing you still have needs to be presented at that hearing.
What you file later on, would have to be from after this hearing in Aug, in other words you won't be able to use stuff prior to this Aug hearing in March. You need to use that stuff in Aug and find new stuff to use if you file later on.
So you want to get in a recorded message grandma left on your phone, its evidence, it's admissible, because leaving a voice message your giving permission to be recorded. I would also get in that dad is not at the visits at all. I would attempt to have grandma removed as supervisor, and attempt to have her not do drop offs and pick ups or have them moved to a public spot. It's possible to convince the court that dad must do drop off and pick up, since that would assure him of at least some of his time with the child. However you can't convince all Judges to do that, but some will.
Is there anyone else that you can think of that dad could do the supervised visits with? You can try to convince the court to cut down dads time now, so they could take place at a supervised facility. Just cause a Ref thinks dad should have EOW, does not mean a Judge would think that. I have seen many Judges not go with what Refs recommend. Perhaps a Judge will see it as enough that dad is not at these visits at all, and all they are is backdoor grandma visits.
Get the child in counseling, counseling is always good, but it is not a fix to end your problems with grandma or the courts. Find a counselor that understands that and is willing to concentrate on teaching you and the child coping skills to put the garbage in its place.
Right down on a cheat sheet all the points you want to make to the Judge, take that sheet to court, use that sheet. You will be nervous, you will forget, you will get flustered and a cheat sheet helps you stay on focus and get as much as possible heard.