Consolidating Cases?


#1

My ex filed a Motion to Modify Custody and Visitation. We had a final hearing on 6/5 for which he did not show and the case was dismissed.

I received a copy of a new Motion for Custody and Visitation last week (filed 6/26). This new Motion has a new case # on it and the Motion was completed stating he had not participated in custody litigation in this or any other state, which, of course, it not correct.

In the package I also received a notices to attend Parent Education and to attend a Status Conference on 9/30.

I just spoke with the Case Coordinator. I explained the situation. She told me the cases would be consolidated, which I understand, but she said there was nothing for me to do because the cases would be consolidated, but I could file a response if I wanted.

I don’t quite understand what I am to do next. Can you explain what is going on?


#2

Once the cases are consolidated under the old file number the Parent Education should be cancelled, since I presume you have already been through that. I would still suggest you file a Rule 11 motion for sanctions as a response.


#3

A ctually, I’ve never attended the Parent Education. I’ve never even been told about it. The Case Coordinator said she would leave it up to me. She also said I wouldn’t need to attend the Status Conference.

I appreciate your suggestion on the Rule 11 Motion. I was thinking I should file a response and counter motion for custody and visitation. This way, if he doesn’t show again, I can get a default judgement and he will not be able to file again so quickly because there will be no change in circumstance.

Can I file both?


#4

You should file a motion to waive Parent Education based on your residence being located more than 50 miles from the courthouse.
As for your response, you do not need to file a countermotion for custody and visitation because you already have primary custody pursuant to an existing order.


#5

About the counter-motion, that is what I thought too the first time around, but when I was in court for the custody hearing, the attorney who handled my divorce happened to be there and knowing I was on my own, stopped to try and help me.

He stated that if I had filed a counter for custody/visitation, then I would have received a default judgment when stupid did not show, which would start the clock over, so to speak.

Stupid has to show a change of circumstance since the last order, which would have been that day, and he would not be able prove a change of circumstance so soon after. But since we reverted back to the original order dated Jan 2004, he only has to show a change of circumstance since then.


#6

I disagree with your attorney’s advice. Judges do not issue default judgments in custody cases.