I had a hearing on 2/16 for custody modification, but the hearing was not able to be completed. I was bumped for a case from MD.
Since I traveled from FL to attend, the judge asked me for a suitable date. I chose 3/13 since I have to be in NC for criminal charges (ex’s new wife filed false charges) anyway. The judge was available that afternoon and all parties agreed they could attend.
On Wednesday afternoon last week, my attorney sent me an e-mail stating opposing counsel called wanting to continue. I immediately responded to her stating I did not agree to a continuance and listed my reasons. I stated I wanted her to file an objection the moment opposing counsel filed a motion to continue. My attorney would not take my calls and will not return my calls, so I sent an objection to the continuance to the court and opposing counsel on Friday morning (copied to my attorney).
I received no response from my attorney until 5:20 that evening. She said the continuance was granted by consent. She consented to the continuance without ever speaking to me and then did nothing when I notiifed her that I opposed the continuance.
Can she consent without even asking me and can she consent against my wishes?