Questions


#1

I have been working with a PC for about a yr. I can no longer afford to work with the PC and have filed bankruptcy.
I have a hearing set late Jan and was told via email that the PC is intending to have my case continued but I haven’t seen any paperwork reflecting a request for a continuance. I don’t want the case continued as I have already arranged time off from work and the longer we wait to have the case heard the more time I am loosing with my child. What do I need to do to make sure the case is not continued? The PC changed the last hearing I set up to accomodate my ex. Again, without notifying me of a continuance. How is this possible?
In that same email the PC questioned my finances; how can I afford to have a baby shower (let alone another baby) when I cannot afford her fees. I don’t feel this is professional and it seems to be unethical. What can I do about theses sorts of comments as this is not the first time she has spoken to me in such a manner.
Also, there was a court date late Aug and the judge asked the PC to make some changes to our current order; 4 months later I still have not seen a draft of the new order from the PC. How can this be brought to the judges attention? Would this mean that the old order is still the current order to use as the revised one hasn’t been written?
Thanks for your help!


#2

Most likely the PC will be making a motion to continue in open court at your next hearing. If that occurs, you can object to the motion to continue and tell the court your reasoning. Even if not written up yet, if the judge ordered changes to be made to the existing order, then those changes are currently in effect. If you want to remove your PC, you can file a motion to terminate or modify the PC appointment for good cause shown. Please see N.C.G.S. 50-99 for the definition of good cause in such cases.