Motion for Reconsideration

[Zephyr]

What is the name of your state? WI

https://forum.freeadvice.com/showthread.php?t=232958


There is the link to one of my other threads for some background, we had the hearing for the motion for reconsideration on Friday, the motion was denied. What confuses me is the judge said it was like monday morning quarterbacking, that just because people do not like the outcome of a case they can't come back and file for reconsideration. That statement really confuses me, because does anyone who does like the outcome of their case ever file for reconsideration????


So I guess we are at the point of possibly going for an appeal, what is the burden I must overcome in being granted a request for an appeal?

The basisi for the motion for reconsideration was the fact that the GAL did not perform according to statutes and was biased in his recommendation to the court. However there are other issues in the case. When my new laywer cam on board after the old one lost his license, he was told that in the next court hearing he would only be allowed to requestion me on the stand, the judge did not want the whole case retried. But during the motion for reconsideration, the question that kept getting asked by the judge was- why wasn't this brought up at the Aug 29 hearing....it couldn't be brought up because my lawyer was restricted to only questioning me about what I had been previously questioned about- basically clarifying my testimony from 5 months prior. However in between the two court dates there were at least 5 instances of denied visitation, and my ex doing things with my son that I should have either been consulted on or notified of afterwards, which I never was.

I would try to make the GAL aware of these things but he never once returned a phone call to me after the first hearing and his initial recommendation.

Also the judge told the opposing attorney that I was to be consulted on the drafting of the order before he signied it, opposing counsel never did this, he drafted an overly restrictive order, I don't even have my son for 48 hours eow, it ends up being that I have time to have 2 actual dinners with my son per month...does this order being drafted against what the judge said carry any weight?

I am just really confused how this turned out the way it did, the court seems totally uninterested in actually understanding the situation and/or what is best for the child, and, of course....and I am not the least bit surprised about this, the alienation tactics have started....

So I guess the questions are, what is the bar that must be met in order for me to be granted an appeal?

or

Can I do anything to get the order changed (not actual custody just the wording and some times in the order) based on the fact that it is overly restrictive and not what the judge initially ordered?


The only silver lining I have in all of this is that new hubby is more than fine with supporting the household if need be so that my entire salary can go to lawyer fees....so I have the money, I just need the right direction.


Thanks guys er um or gals

 

[casa]

What is the name of your state? WI

https://forum.freeadvice.com/showthread.php?t=232958


There is the link to one of my other threads for some background, we had the hearing for the motion for reconsideration on Friday, the motion was denied. What confuses me is the judge said it was like monday morning quarterbacking, that just because people do not like the outcome of a case they can't come back and file for reconsideration. That statement really confuses me, because does anyone who does like the outcome of their case ever file for reconsideration????


So I guess we are at the point of possibly going for an appeal, what is the burden I must overcome in being granted a request for an appeal?

The basisi for the motion for reconsideration was the fact that the GAL did not perform according to statutes and was biased in his recommendation to the court. However there are other issues in the case. When my new laywer cam on board after the old one lost his license, he was told that in the next court hearing he would only be allowed to requestion me on the stand, the judge did not want the whole case retried. But during the motion for reconsideration, the question that kept getting asked by the judge was- why wasn't this brought up at the Aug 29 hearing....it couldn't be brought up because my lawyer was restricted to only questioning me about what I had been previously questioned about- basically clarifying my testimony from 5 months prior. However in between the two court dates there were at least 5 instances of denied visitation, and my ex doing things with my son that I should have either been consulted on or notified of afterwards, which I never was.

I would try to make the GAL aware of these things but he never once returned a phone call to me after the first hearing and his initial recommendation.

Also the judge told the opposing attorney that I was to be consulted on the drafting of the order before he signied it, opposing counsel never did this, he drafted an overly restrictive order, I don't even have my son for 48 hours eow, it ends up being that I have time to have 2 actual dinners with my son per month...does this order being drafted against what the judge said carry any weight?

I am just really confused how this turned out the way it did, the court seems totally uninterested in actually understanding the situation and/or what is best for the child, and, of course....and I am not the least bit surprised about this, the alienation tactics have started....

So I guess the questions are, what is the bar that must be met in order for me to be granted an appeal?

or

Can I do anything to get the order changed (not actual custody just the wording and some times in the order) based on the fact that it is overly restrictive and not what the judge initially ordered?


The only silver lining I have in all of this is that new hubby is more than fine with supporting the household if need be so that my entire salary can go to lawyer fees....so I have the money, I just need the right direction.


Thanks guys er um or gals

Are you saying that opposing counsel drafted an order which did not state what the judge ruled, exactly? That concerns me...as the order should dictate what the judge ruled exactly.

Has your attorney contacted opposing counsel re; this? Have you/your attorney ordered the transcript from the hearing to compare/contrast?

 

[weenor]

Get the transcript- yesterday.

 

[Zephyr]

Are you saying that opposing counsel drafted an order which did not state what the judge ruled, exactly? That concerns me...as the order should dictate what the judge ruled exactly.

Has your attorney contacted opposing counsel re; this? Have you/your attorney ordered the transcript from the hearing to compare/contrast?

we are ordering the transcripts now, the judge stated in his ruling that primary custody should remain with dad but that the attorney drafting the order should be very liberal about visitation and that the attorney should allow me to review and have input in the order before it was submitted to him for signing, I never heard anything from opposing counsel, nor did my attorney, the next thing we know there was a signed order, I get joey from 8 pm fridays until 5 pm sundays.

This whole thing has progressed kind of like kangaroo court.....I am very frustrated.

 

[casa]

we are ordering the transcripts now, the judge stated in his ruling that primary custody should remain with dad but that the attorney drafting the order should be very liberal about visitation and that the attorney should allow me to review and have input in the order before it was submitted to him for signing, I never heard anything from opposing counsel, nor did my attorney, the next thing we know there was a signed order, I get joey from 8 pm fridays until 5 pm sundays.

This whole thing has progressed kind of like kangaroo court.....I am very frustrated.

Get the transcript~ Then your attorney will need to contact opposing counsel about the discrepencies...and unfortunately, if opposing counsel will not 'work with you' re; "liberal visitation" (I HATE that terminology since what is liberal or reasonable to one, may not be to another )...then he needs to possibly go back before the judge.

 

[rmet4nzkx]

Do as weenor says and get a copy of your transcript. Also check your local rules that may contain information on how to contest the appointment of the GAL or a biased ruling. It is confusing understanding all the termonology re reconsideration an dappeals, that is why it is imparative in retaining an appeals attorney competent to evaluate your case.

 

[Ohiogal]

On an appeal, there has to be a mistake of law to win. Facts are not contestable during an appeal because unless it is de novo (and very very few cases are de novo) the only facts allowed are the facts found by the lower court. So you need to find a mistake of law.

 

[Zephyr]

So are you saying I should get a different attorney? What factor should I be pushing more as for the reason the appeal is needed, the restrictions placed by the judge, the GAL issues, or the muffed up order?

I tried to get my attorney to bring all of that up at the motion hearing on friday but he would only focus on the GAL, he just said there are steps that have to be taken and we should not confuse the issues and the fact that the GAL did not follow the statutes as written was the strongest angle....

 

[weenor]

So are you saying I should get a different attorney? What factor should I be pushing more as for the reason the appeal is needed, the restrictions placed by the judge, the GAL issues, or the muffed up order?

I tried to get my attorney to bring all of that up at the motion hearing on friday but he would only focus on the GAL, he just said there are steps that have to be taken and we should not confuse the issues and the fact that the GAL did not follow the statutes as written was the strongest angle....

Based on what you've posted thus far, I would agree with your attorney...To successfully appeal, as stated by Ohiogal, you need issues of law (i.e. that the law was not correctly applied by the GAL or the Judge) The Court of Appeals can only review the evidence presented to the trial judge thus far and it cannot reweigh that evidence. Attacking the GAL's recommendation based on the fact that he/she did not do as required by law will force the Court to remand to the trial court and appoint a new GAL.

Attacking the current restrictive order through the trial court is the best way to do this for now....If the order is not written as the judge said it should be then he needs to know about it. Of course as Casa said....what the he** does "liberal" mean?..the order must be revised so that when your ex refuses visits he can be held in contempt.

What part of the state are you in?

 

[rmet4nzkx]

Also you mentioned that your former attorney lost his license, do you know why? That may or not be grounds for appeal.

 

[Zephyr]

The case is in Door County, I am wondering if a little bit of the "good ole boy" system was at work there, they are a very well known family, have been there for generations- related to everyone- and I am just me, not from there, lived there for a while, don't anymore.

weenor, what do you mean attack the order through the trial court? aren't my options at this level all used up? or is there another type of motion that could be filed?

 

[Zephyr]

Also you mentioned that your former attorney lost his license, do you know why? That may or not be grounds for appeal.

he was in violation of fiduciary guidelines....he would take retainers and immediately go pay for his hair club with the money, or pay personal bills and then never work on the cases....I guess he was the big joke around the lawyer community for being such a crook in many ways, but it was the money thing that finally got his license yanked.

I was wondering about that aspect as well, if the fact that my case was so disrupted by that, that it would be cause to have it all reheard, I mean, the first lawyer was actually sitting there in court cutting his fingernails! He did no research on the case at all, frankly I was just looking for another attorney to retain before I fired him, but he lost his license first.

 

[weenor]

The case is in Door County, I am wondering if a little bit of the "good ole boy" system was at work there, they are a very well known family, have been there for generations- related to everyone- and I am just me, not from there, lived there for a while, don't anymore.

weenor, what do you mean attack the order through the trial court? aren't my options at this level all used up? or is there another type of motion that could be filed?

Well your current attorney will know whatever they call it up there...but yeah some sort of motion to bring it to the judge's attention that the order does not comply with his ruling...the motion should have the portions of the transcript attached and give the judge a reason why the order drafted by other lawyer does not comply...most, if not all appellate courts require that an error made by the trial judge be brought the judge's attention to give him the opportunity to correct that error. If he does not correct the problem then you appeal. Yes, in that area of Wisconsin there are "good ole boys". Course I will tell you that when I was working for a firm in Milwaukee County we didn't even like to go to Waukesha because they would screw Milwaukee attorneys. If you don't feel that your attorney is well connected (preferrably across the street from the Door County courthouse) get another one.

Well at least you got those Door County cherries.....love em.

 

[Zephyr]

Well your current attorney will know whatever they call it up there...but yeah some sort of motion to bring it to the judge's attention that the order does not comply with his ruling...the motion should have the portions of the transcript attached and give the judge a reason why the order drafted by other lawyer does not comply...most, if not all appellate courts require that an error made by the trial judge be brought the judge's attention to give him the opportunity to correct that error. If he does not correct the problem then you appeal. Yes, in that area of Wisconsin there are "good ole boys". Course I will tell you that when I was working for a firm in Milwaukee County we didn't even like to go to Waukesha because they would screw Milwaukee attorneys. If you don't feel that your attorney is well connected (preferrably across the street from the Door County courthouse) get another one.

Well at least you got those Door County cherries.....love em.

mmm...that describes my ex's attorney to a T, their office is a block from the courthouse, mine is from Green Bay....I will speak with my attorney about bring the discrepencies to the judges attention as soon as we get the transcripts back....

hopefully he will get a little more aggressive about this, I have told him that we are being out-manuevered, even though I retained him based on a glowing recommendation, I wish he would be a little more of a shark


and we have all of those little festivals that make it take 4 hours to go 20 miles, and they just had the dowtown ice sculptures...

 

[rmet4nzkx]

and we have all of those little festivals that make it take 4 hours to go 20 miles, and they just had the dowtown ice sculptures...

And we just had 3" of snow on a nearby mountain, and the state park charged $6 a car for entry just to see it up close for the 2 days it stuck and you have Ice sculptures,