Questionable Conflict Of Interest

[rmet4nzkx]

What an awful thing to say about that poor cold blooded, senseless creature! (The fish, I mean.)

I know I always feel so bad for the fish when I tell that one

 

[bitterend]

No defensiveness on it at all. When I talked to the lawyer about taking on the case she said that she knew who I was when he said my name. ( its a rather odd name so she had to have known that it was me) its just that she knows and has admitted to me that she knows about the case before hand and all that gives her is the advantage that I have legal knowledge. Which in iteself is not good nor bad. I know enough about my own case and all the fine lines in it.

Moving the case will only benefit my childs fathen in the light that they will have a whole new leg to stand on. He has not followed orders numerous times in 2 seperate courts and was recommended for sanction because of this.

"Senior Judge" I think you may agree with me on this that a court may not see it to move a case for a 3rd time when there is still a reasonable bond with the state in question. As well when a respondent files OSC's on 2-3 seperate occasions and does not bother to show up for the pleadings that they filed. Under the UCCJEA California has seen that the case should stay in the CA court. As well child maintained residence ( full time) in the state of CA till end of July 04. the other party has no significant contact with the state as where I do . (Got to love the CA to NV drive ) From what I know of the law. ( the many many law books that are under my bed) I know that Judges dont like to be messed with. I know that the last Judge was rather Pissed the Hell off when he did not show up for the last case that he filed.

I am hoping to get a reduced price lawyer ... through the pro bono project. All that is in my favor at this point is that I am unable to pay the full fees for an atty at this time.

I have always wanted to go to law school and to help others but I love all of the lawyer jokes that I hear and would really hate to be at the end of one . S o I will continue in what I do right now.

Thanks for the humor to this post though.

 

[seniorjudge]

I know that the last Judge was rather Pissed the Hell off when he did not show up for the last case that he filed.

Yep, judges get that way sometimes and they do not like it when folks don't respond to their very kind invitations!

I must confess that I know nothing about the UCCJEA. I have spent the last five years immersed in utility law.

Ask me about interconnection agreements under the Telecom Act and I might know something!

 

[rmet4nzkx]

It is not so revevant what the father has done in the past, the fact is he has an attorney representing him and so will not be incurring the anger of the judge and someone will be making an appearance either in person or telephonically, the case isn't over, and you may have won some battles but not the war.

So the underlying merit to your assertion of conflict of interest is that while no real conflict exists, she does know that you have an interest in the law and not the same expertise she has, so now it will not be two patites in pro per, he will have the advantage of an attorney who knows your strengths and weaknesses and you need to get competent representation in California.

 

[rmet4nzkx]

Yep, judges get that way sometimes and they do not like it when folks don't respond to their very kind invitations!

I must confess that I know nothing about the UCCJEA. I have spent the last five years immersed in utility law.

Ask me about interconnection agreements under the Telecom Act and I might know something!

Oh what a tangled web did Judge Green weave when first he practiced to interceed.

 

[seniorjudge]

you need to get competent representation in California.

And again...this is exceptionally good advice, bitterend.

 

[bitterend]

It is not so revevant what the father has done in the past, the fact is he has an attorney representing him and so will not be incurring the anger of the judge and someone will be making an appearance either in person or telephonically, the case isn't over, and you may have won some battles but not the war.

The atty is here in Nevada ... Licenced in Ca as well but is not the atty of record. There are now two pending motions on file in two seperate states. Talk about straight out sticky there.

My motion was filed first on the current order. I will be checking into representation there in the state of Ca as well. What is relevant to the case is the non compliance of orders. He was stricken from filing against me in the CA court.(this is another reason to file in NV ) His motion was filed 7 days later here in Nevada. This really all should be a fun next month.

I should state that I have not been served yet. I just keep a ear out on all that is going on. I have served him with the OCS for Ca and will notify the court here that there is already another motion on file ( pending?) in California.

Senior Judge. sounds like you are having lots and lots of fun. I work in Business Factoring and spend many many hours doing legal files and checking them for stupid information. This is however a good break to the UCCJEA. Which I think is a great thing to have around. It makes it so that the child is protected which is a good thing.

 

[stephenk]

if you and the child no longer live in California but now live in Nevada, filing in Nevada to have the case transferred to Nevada makes sense. At some point California will give up jurisdiction if none of the interested parties live in that state.

 

[bitterend]

Post back with results.

Senior Judge .. Well things were good ... and bad but all in all Good ... the atty was removed from the case... it was too questionable ... issues were brought up and I represented myself ( once again )

Case is being moved here and that is fine, but as you did say it was questionable about the conflict and the judge agreed wholeheartedly that the case should not have been taken on at all !

Off to get proper representation at this point !