Scope of Judge's ability to : Modify,Revise, Reverse Order

Background below, but here is bottom line question:

If this Order is signed before my Motions are heard (which contain all kinds of information demonstrating that Father has been dishonest, contentious to me and contemptuous toward the Court throughout these proceedings, but specifically “post-trial”) can this Order be modified, based upon these Motions that were filed BEFORE the Judge signs the Order? Can I request this for relief within my testimony and in an affidavit submitted to the Court in preparation for the hearing on May 15?

After a three day trial for Permanent Custody of my seven year old daughter in July 2016 her Father was granted Permanent Custody out of state. For the most part the ruling was fairly customary and the Judge ruled that Father’s counsel draft the order. In the absence of a signed order three (3) months went by and Father refused to cooperate with facilitating my awarded visitation. When I approached him in October 2016 about a long weekend visitation he responded by finally submitting the Order draft and filing a Motion to Hear New Post Trial Evidence on the same day. The parenting history in order draft did not reflect testimony and was insanely biased making any future attempts by me to get custody back more difficult, The draft also did not reflect the Judges actually ruling - not the normal silly details that are generally drooped or added - for example; " Parents are to split costs of transportation" has become “Mother is responsible for all transportation” (BTW Father reports making $20,000 a month and I make $35,000 a year on a good year).

Eight months later, my counsel has withdrawn because I can’t pay them, Father has refused the visitation that the court awarded me in July and I have had no recourse absent a signed Order. In early December, after Father played horrible games with Thanksgiving visitation, I replied to Father’s Motion to hear new evidence with a Motion to Dismiss and a Motion for TPA to get visitation. None of this was heard until March 10, 2017 (order still not signed). At this hearing I also submitted my own order draft that reflects a relationship history that is true and can be proven through documentation and the judges ruling (no guessing - I have the audio recording of the ruling)

At the March 10 hearing Father did not offer anything substantial to the Court and asks the Court to order that I have supervised visitation as relief. (I have never been indicated in any way by anyone as being a danger to my child). Father blatantly perjures himself on the stand, then becomes abusive the very day after the hearing, violating the standing TPA and not allowing me access to my daughter first for three days - then twelve days straight during which I did not even know where she was as it was Spring Break. Note: the Court had awarded me Spring Break visitation in July 2016 and I asked for it as relief for TPA again at the March 10 hearing because it started March 18. The Court never responded. I filed a Motion for Judicial Assistance, submitting exhibits clearly demonstrating a few different ways Father perjured himself in his affidavit and on the stand when I cross examined him. He claimed that my daughters play therapist has expressed “concerns about me” and I have confirmed and reconfirmed with her that this is not true, everything else he claimed was hearsay, he also lied about some other things that he did not have to, but I submitted PROOF with my Motion that he lied in sworn testimony. I also submitted documentation of his verbal bullying regarding manipulating the Court and violating the standing order denying me access to my child on March 11,12 and 13. When Father violated the standing call visitation order again on March 16, I filed a Motion for contempt on March 23 (this time 12 consecutive days).

I contacted the Court Clerk to request that the Judge wait to sign the order until after my Motions are heard on May 15 and was I was instructed that I would have to file a motion to go before the judge (to make this request) so I also filed my own Motion to Hear to New Post Trial Evidence, which again asks that the Court to consider this evidence prior to signing the final Order to be heard also on May 15. . Father has been contentious and abusive since the trial in July, but I had no more money to file Motions to get him in check, my attorney stayed on hoping to get the Order finalized, but when Father filed the Motion to hear new evidence I was left to fend for myself one week before the March 10 hearing, which I wish I had done sooner! Today I received a message from the Court clerk stating that the judge intends to sign the order draft submitted by Father’s counsel. I replied again that I have these Motions outstanding per Court direction and upon information and belief I will be bringing a preponderance of new post-trial evidence before the Court that it may feel warrants an adjustment in it’s ruling. I familiar with rule 20, so I was careful with my words, but to sum it up to here;

Father has gotten away with bloody murder for eight months, filing bogus Motions to stop the Court from signing it’s Order, leaving me without recourse or visitation, and has come close to parental alienation. Father’s counsel has submitted a totally ridiculous order draft, which I have shown to the Court has false information and stated on record detailing the contradictions it reflects to the actual audio ruling. The Court refuses to wait six weeks to hear my Motion and has decided after waiting eight months to hear Father’s Motion that it will be signing Father’s Version of the Order much to Father’s benefit.

Yes, the judge can sign the order before your motions are heard. An order can be modified if there is a substantial change in circumstances affecting the wellbeing of the child.

If you have not already, it would be a good idea to submit your proposed revisions and changes to the order that the father’s lawyer drafted to both the lawyer and the judge. That way the judge can take into consideration what both parties believe should be stated in the order.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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