escape2paradise
Member
Wanted to update everyone and since my last thread was closed for the second time by admin. I thought I better start a new one.
We went to court on Tuesday for trial. The X showed, bald head and all. The judge heard our motion to exclude X's testimony and as we expected she declined to do so. Her reason being the best interest of the child. I get that, but it is still so frustrating to see X get away with one thing after the other. X did not pay the money I was awarded in the last hearing and was supposed to have done so before the trial. No surprises there!
Since we were not granted the motion, we asked for a continuance to have the oppurtunity to depose the X and to obtain copies of what he intends to produce as evidence. The deposition is scheduled for tomorrow. The judge said if X does not show, his testimony is out. I think he is likely to show this time.
The X did get scolded quite a bit. First, for not completing the parenting class. The judge told him she didn't care about his excuses a court order is an order, not a suggestion. (As I've heard many a senior member state!) He also had excuse after excuse for not following court rules and procedures in prep for the trial. The judge didn't want excuses there either. She told X if he is Pro Se, he best learn the rules as she will not let him slide because of ignorance. The best part is when X was making excuses saying he did not receive the notice for deposition and the subsequent notice of the hearing to strike his pleadings. The judge flat out told him that she didn't believe him.
The continuance is not going to take 3-6 mos as my attorney suspected. The judge actually wants to keep this case. She offered to put us on her schedule in lieu of sending us back into the trial pool to wait for a new date. We had not planned on that. After getting a continuance, we had planned to schedule a hearing and ask for an order that X comply with GAL recommendations. Then let X either continue to show that he won't follow them or get his act together. However, my attorney decided to take the judge up on her offer. He really feels that she has the X pegged and didn't want to lose her as our judge. I agreed.
We go to trial on 4/14.What is the name of your state?
We went to court on Tuesday for trial. The X showed, bald head and all. The judge heard our motion to exclude X's testimony and as we expected she declined to do so. Her reason being the best interest of the child. I get that, but it is still so frustrating to see X get away with one thing after the other. X did not pay the money I was awarded in the last hearing and was supposed to have done so before the trial. No surprises there!
Since we were not granted the motion, we asked for a continuance to have the oppurtunity to depose the X and to obtain copies of what he intends to produce as evidence. The deposition is scheduled for tomorrow. The judge said if X does not show, his testimony is out. I think he is likely to show this time.
The X did get scolded quite a bit. First, for not completing the parenting class. The judge told him she didn't care about his excuses a court order is an order, not a suggestion. (As I've heard many a senior member state!) He also had excuse after excuse for not following court rules and procedures in prep for the trial. The judge didn't want excuses there either. She told X if he is Pro Se, he best learn the rules as she will not let him slide because of ignorance. The best part is when X was making excuses saying he did not receive the notice for deposition and the subsequent notice of the hearing to strike his pleadings. The judge flat out told him that she didn't believe him.
The continuance is not going to take 3-6 mos as my attorney suspected. The judge actually wants to keep this case. She offered to put us on her schedule in lieu of sending us back into the trial pool to wait for a new date. We had not planned on that. After getting a continuance, we had planned to schedule a hearing and ask for an order that X comply with GAL recommendations. Then let X either continue to show that he won't follow them or get his act together. However, my attorney decided to take the judge up on her offer. He really feels that she has the X pegged and didn't want to lose her as our judge. I agreed.
We go to trial on 4/14.What is the name of your state?