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  1. #1
    Join Date
    Dec 2012
    Posts
    2

    Default Can a Waiver of Appeal of a Custody Consent Order be Enforced

    PLEASE any feedback or help is greatly appreciated!!!

    My question involves a child custody case from the State of: Virginia

    I am the father in this case. I've raised my kids since they were born. Their mother and I got divorced when they were 1 and 2. I moved out of state 7 hrs away for work yet still continued to travel to and from their mother's 7 hrs away and back because she refused to drive. They were often sick when I got them and I spent most of the time taking them to doctor's appointments. Since we separated, we've split 50/50 time with them but I did all the traveling, doctor's appointments etc. I tried to file for custody in my State but no attorney wanted to deal with it so I filed on my own. The summons was never delivered to her and she filed in Virginia against me when it came time for them to start school. For 3 years she told me she was going to take them from me when they we old enough to go to school, put them in private school and make me pay for their tuition and I would only be able to see them when she allows it.

    When she filed in Virginia, I found an attorney in Virginia to help represent me. I completed all the paperwork for the discovery and we went over everything to prove why they needed to reside with me. When we went to court, my ex wife lied about their health, about traveling to get them and several other things yet my attorney just sat there and would not interject. My mother was crying because she couldn't believe all the lies. Her attorney and the GAL were chatting in the hallway during the break in court about going to lunch together and other social things they do together. When we went back into court, the GAL told the judge that he believes it will be in the best interest of the children to reside with her. My attorney did nothing. The judge gave us 3 months to work out a visitation schedule but in the mean time the boys would stay with her to start school and she had to meet me half way to exchange the boys for visitation.


    I created one on a calendar and emailed it to her. She didn't agree. But she still went along with the calendar until the day before our next court date. She called me and said she was not going to agree to it and that she didn't want to do anymore driving. That night I emailed my attorney my concerns about the last court date and his lack of fight for me in court when he knew she was lying. When I went to court the next day, the same judge, GAL and her attorney said at the same time, you are not going to get 90 days out of the year for visitation. This meant she would get full custody and I would have to pay child support which I have no problem paying. The judge made it clear to her that I was not responsible for paying for private school but only to help pay for after school. However, her attorney and her told the judge that the cost of after school was the amount of tuition for private school. Since I will be getting them for the summer, I submitted the cost of summer day camp. Her attorney said it was too high and the judge ordered me to pay all but 10% of after school costs.


    Before court was over, her attorney was calling her family and laughing and joking with them on the phone and with the GAL. When I left the court room I pulled up the private school's tuition on my cell phone and she lied about the cost of after school. The cost they told the judge is the cost for private school tuition and after school costs were only 5% of what they said. Then her attorney made me sign a Consent Order. I pulled my attorney to the side and told him about the cost of tuition. He said for me to email him the proof and he will file for an appeal the next day.

    The next day (today) her attorney emailed a copy of the consent order that I signed with an added note on the side that was not there when I signed. The note written on the side said that I agree to not file for an appeal. So now my attorney doesn't want to file for an appeal even though he has proof of them lying about the after school care costs and that the original consent order did not have that side note on it about the appeal. I can't get an attorney to help me....


    The entire case was biased because the GAL was obviously friends with my ex's attorney, my ex and her attorney committed perjury in court and my attorney didn't do anything to help me.... what course should I take? How can I hold her attorney and my attorney for their actions or lack there of? I am submitting a request for an appeal on my own but her attorney will show the courts that side note she added....what are my rights and how can I get help? All of this is only hurting our children.... they've gone from spending all this time with me to not being able to see me, at times, for months. She is always dropping them off at my mom's house too because she likes to party all the time. She often asks me to get them earlier than planned and I've never had a problem. I spent 3 years traveling 7 hrs there and 7 hrs back to ensure my children were able to see their father....she doesn't care at all. This is so crazy

  2. #2
    Join Date
    Jul 2010
    Posts
    7,887

    Default Re: Attorney Added to Document After Signed/ Appeal

    Dude, chill out and keep it all in one thread. The people who respond here are volunteers so it may take a few hours, maybe even a day, before someone with the requisite knowledge to answer your inquiry pops in.

  3. #3
    Join Date
    Dec 2012
    Posts
    2

    Default Re: Attorney Added to Document After Signed/ Appeal

    Sorry, not sure what you mean by chill out... I haven't done anything that I am aware to seem as though I'm pressing anyone. I appreciate an insight when the volunteers are able to do so. Sorry if my thread came off any other way. My apologies

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Attorney Added to Document After Signed/ Appeal

    Quote Quoting haray
    View Post
    PLEASE any feedback or help is greatly appreciated!!!

    My question involves a child custody case from the State of: Virginia

    I am the father in this case. I've raised my kids since they were born. Their mother and I got divorced when they were 1 and 2. I moved out of state 7 hrs away for work yet still continued to travel to and from their mother's 7 hrs away and back because she refused to drive. They were often sick when I got them and I spent most of the time taking them to doctor's appointments. Since we separated, we've split 50/50 time with them but I did all the traveling, doctor's appointments etc. I tried to file for custody in my State but no attorney wanted to deal with it so I filed on my own. The summons was never delivered to her and she filed in Virginia against me when it came time for them to start school. For 3 years she told me she was going to take them from me when they we old enough to go to school, put them in private school and make me pay for their tuition and I would only be able to see them when she allows it.

    To be fair, you created the distance - you should be responsible for at least the cost of transportation (if not the transportation itself).


    When she filed in Virginia, I found an attorney in Virginia to help represent me. I completed all the paperwork for the discovery and we went over everything to prove why they needed to reside with me. When we went to court, my ex wife lied about their health, about traveling to get them and several other things yet my attorney just sat there and would not interject. My mother was crying because she couldn't believe all the lies. Her attorney and the GAL were chatting in the hallway during the break in court about going to lunch together and other social things they do together. When we went back into court, the GAL told the judge that he believes it will be in the best interest of the children to reside with her. My attorney did nothing. The judge gave us 3 months to work out a visitation schedule but in the mean time the boys would stay with her to start school and she had to meet me half way to exchange the boys for visitation.
    The reality is that attorneys, GALS and judges are often friends outside of court. Unless you can prove - actually PROVE - that there was impropriety present, I'm not sure there's anything you can reasonably object to.



    I created one on a calendar and emailed it to her. She didn't agree. But she still went along with the calendar until the day before our next court date. She called me and said she was not going to agree to it and that she didn't want to do anymore driving. That night I emailed my attorney my concerns about the last court date and his lack of fight for me in court when he knew she was lying. When I went to court the next day, the same judge, GAL and her attorney said at the same time, you are not going to get 90 days out of the year for visitation. This meant she would get full custody and I would have to pay child support which I have no problem paying. The judge made it clear to her that I was not responsible for paying for private school but only to help pay for after school. However, her attorney and her told the judge that the cost of after school was the amount of tuition for private school. Since I will be getting them for the summer, I submitted the cost of summer day camp. Her attorney said it was too high and the judge ordered me to pay all but 10% of after school costs.
    That doesn't honestly sound unreasonable - it wasn't what you wanted, but it doesn't sound "out there" at all.



    Before court was over, her attorney was calling her family and laughing and joking with them on the phone and with the GAL. When I left the court room I pulled up the private school's tuition on my cell phone and she lied about the cost of after school. The cost they told the judge is the cost for private school tuition and after school costs were only 5% of what they said. Then her attorney made me sign a Consent Order.

    Nobody forced you to sign anything. (At least, that's how the court will see it)



    I pulled my attorney to the side and told him about the cost of tuition. He said for me to email him the proof and he will file for an appeal the next day.

    The next day (today) her attorney emailed a copy of the consent order that I signed with an added note on the side that was not there when I signed. The note written on the side said that I agree to not file for an appeal. So now my attorney doesn't want to file for an appeal even though he has proof of them lying about the after school care costs and that the original consent order did not have that side note on it about the appeal. I can't get an attorney to help me....
    Sounds like you signed a waiver of appeal. That's likely why no attorney wants to help you appeal - you've statutorily given up that right.



    The entire case was biased because the GAL was obviously friends with my ex's attorney, my ex and her attorney committed perjury in court and my attorney didn't do anything to help me.... what course should I take? How can I hold her attorney and my attorney for their actions or lack there of? I am submitting a request for an appeal on my own but her attorney will show the courts that side note she added....what are my rights and how can I get help? All of this is only hurting our children.... they've gone from spending all this time with me to not being able to see me, at times, for months. She is always dropping them off at my mom's house too because she likes to party all the time. She often asks me to get them earlier than planned and I've never had a problem. I spent 3 years traveling 7 hrs there and 7 hrs back to ensure my children were able to see their father....she doesn't care at all. This is so crazy


    Dad, I'm honestly not sure what to tell you. Unless you can show proof - and I mean proof, not just "it didn't go my way in court so the GAL and everyone else was against me" - that there was an improper relationship between either the attorney and the GAL, or the GAL and the judge, etc., etc., I don't even see grounds for an appeal.

    If you have a complaint about your attorney, you can absolutely report him/her to the Bar.

  5. #5
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Attorney Added to Document After Signed/ Appeal

    What was the consent order you signed? Does this include the school costs you have issues with?

    Signing an order that states under your signature you agree "to form only" does not take away your right for rehearing or appeal. If you agreed to "form and substance", that could. Any side notes that you would "not appeal" in an order that can be argued was added after you signed and not initialed as an agreed change would not likely be cause for an appeals court to not consider an appeal. But you must first file a motion to modify the order you have issue with, among other things you would need to do before appealing.

    Nevertheless, as a practical matter, on your own you have darn near close to an absolute zero chance of winning an appeal of a child custody ruling in a state court of appeals.

    Your ONLY chance to change anything is via your current (or a new) attorney and a rehearing in front of your judge.

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