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Dmatthess

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Reply with quote  #1 
So my exwife requested a hearing for a continuance due to the fact that "she needs to find representation"

She was dropped by her attorney due to the fact that she was not working with him and also that she had not paid him, no she is pulling this crap that she needs to push back the trial date (March 14th)

My lawyer has filed a resistance to her motion for continuance the hearing for all of this in on March 3rd. So I'm laying my hopes in our legal system here and hope they will uphold our trial date and not push this back any further.

My attorney also outlines in our resistance other reasons why there should not be a continuance allowed they are as follows...

1. This case has been scheduled for trial for more than six months. If the case is continued, it will likely be a substantial amount of time before it can be tried.
 
2. A continuance is not in the best interests of the children.
 
3. A continuance would delay matters to the detriment of the children and,
based on Petitioner’s recent behavior, could cause significant and irreparable harm to the children’s relationship with Respondent.
 
4. Petitioner’s basis for her Motion to Continue is that she “must find
representation.”
 
5. Petitioner was represented by Attorney David Nadler until Judge E. Turner
granted Attorney David Nadler’s Motion to Withdraw on February 11, 2011. Petitioner has been aware of her attorney’s desire and intent to withdraw as her counsel since he filed his Motion to Withdraw on January 11, 2011, more than six weeks ago.
 
6. Petitioner did not show up for the hearing on Attorney David Nadler’s Motion to Withdraw or otherwise resist or object to the motion.
 
7. Judge Turner considered the proximity of the trial date in ruling on Attorney Nadler’s Motion to Withdraw and stated, during the hearing on said motion, that his ruling should not serve as a basis for continuance and that the trial should not be continued except in exigent circumstances.
 
8. Petitioner’s current lack of legal representation is due to her own fault and negligence and does not justify a continuance.
 
So I'm hoping this is enough proof that there shouldn't be a continuance allowed and we can move forward with the trial, please justice system please don't let me down!

I'll keep everyone updated...

Duane
 
Dmatthess

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Reply with quote  #2 
Well we had the continuance hearing and the judge granted her request, I won't lie it was pretty crushing to me personally that the judge didn't even listen to my lawyers arguments and also went against Judge Turner's order that no continuance would be allowed.

So the new trial date is set for May 25th, which that could change if the lawyer that she is able to retain doesn't have a conflict with that date.

Pretty disappointing day =(
BBW

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Reply with quote  #3 
I experienced a half a dozen continuances. It is part of the game. It creates more billable hours. Just another reason to support HF345 this next week.

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JamesC

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Reply with quote  #4 

I have a friend that went through a very similar situation. The ex-wife would do anything to delay the trial because she knew she wasn't going to get what she wanted. I believe there were 4 continuances just because she had failed to complete a court ordered evaluation and yet the same courts kept delaying the trail each time their court date would arrive so she could complete it.  Hang in there. 

Dmatthess

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Reply with quote  #5 
Thanks guys for the encouraging words, it helps!

You know even though it wasn't a decision on the Judges part I couldn't help but feel like it was a win for her and that's what sucked about it so much. I guess if I was her and was found in contempt like she was earlier in this custody procedding then I know I'd probably look at it as at least a moral victory.
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Reply with quote  #6 
What's the latest with your case?

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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
Dmatthess

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Reply with quote  #7 
Have a hearing on Monday to see if the Judge will allow her to get another continuance so Kid's First may get involved... Her lawyer is trying to sell my lawyer how judges in Linn County never deny Kids First getting involved in High Conflict cases...

So we are resisting this obviously but my lawyer isn't sounding to optimistic that the judge will deny her motion... Obviously our argument is that

this has already once been continued and this would be the 2nd one and the judge stated at out last hearing that the ONLY reason that a continuance would be allowed would be if her new attorney had a conflict with that trial date not just bc she needed more time to prepare for the case

If she wanted Kids First to be involved she should have opted for that in the beginning

Kids first are "Preference" not "best interest" in the child lawyers

Also stated in our resistance is the fact if this gets continued again my lawyer will not be able to continue to represent me due to large bill I have occured.

Lastly, the strong desire for some finality due to the strain that this has put on the kids and their relationship with me

Thoughts???

Duane
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Reply with quote  #8 
Sounds good.  I would consider adding the conflict of interest Kids First has displayed towards members of IowaFathers. 
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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
EZ

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Reply with quote  #9 
We always try and stay positive thinking that the extra time is just time mom will help us make our case.

We started having problems with mom last March( 2010) with changing the return time of her daughter to dad ( it is court ordered at 6 p.m. - normal time - however we meet in Ames then we have a 2 -2.5 hour drive home which is too late for my step-daughter due to her special needs - we offered to change the time to 4 p.m. and make up all the lost time PLUS back to mom - Mom said NO)
we tried for 6 weeks to have mom sign a mutually agreed change and have it added to the court order - We were crazy generous - and she refused. So in June ( 2010)  our attorney filed to have it modified through court - We were hoping to have it settled before school started in Aug 2010 -

We do not have a court date till June 21, 2011

We are going to try mediation next week to see if we can get things settled before court, however the time waiting for court has shown us we have SEVERAL other topics we need to address while there -

So, try not to get too discouraged - I know easier said than done, and look for ways that mom might be helping you make your case during the waiting time -

Good Luck!!
BBW

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Reply with quote  #10 
I agree with EZ. Sometimes it is helpful to give them the rope they are asking for and then shout, run Forest run! You want as much ammo and facts that you can get going into court to support your argument. (Glass half full approach to the waiting)

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EZ

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Reply with quote  #11 

run Forest run - ok made me laugh

flowers

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Reply with quote  #12 

EZ, you are so dead-on about all the other things that one thinks of when undergoing mediation. Oftentimes one thinks of them too late. Good luck.

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