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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 8810
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer Question

Hi, I recently filed a "Temporary Orders in Suit Affecting the Parent-Child Relationship". The order allowed me to change the surrendering of the kids, during change of possession, from the parents’ home to a neutral location. It also enjoined my ex-wife mother from being at the exchange. The order was signed by the judge. My ex-wife was served the notice but she did not attend for the hearing

Six days after the order was signed, my ex-wife filed the following;

Respondent's original Answer
Request for DE NOVO Hearing
Counter petition to Modify PARENT-CHILD Relationship



In the "Respondent's original Answer" - she is request i pay the attorney fee.

In the "Request for DE NOVO Hearing" – the lawyer used my name by mistake. She says that I am requesting a De NOVO hearing on the following issues: whether the exchange should occur at a neutral location at 6:00pm

In the "Counter petition to Modify PARENT-CHILD Relationship" - she is requesting the time be change from 6:00pm to school ends (5:00pm when school is not in session). She is also requesting a parenting facilitator to be at the exchange. She claims this is a high-conflict case.

My question;
in regards to "Respondent's original Answer", can she make a request for me to pay for the DE NOVO\ counter petition hearing, when she failed to show up at the first hearing? Do I need to file my own “Respondent's original Answer” for the counter-partition? If so, could you briefly describe what should go in it?

In regards XXXXX XXXXX NOVO - Shouldn't the DE NOVO hearing only address the ruling in the Temporary order the judge signed? Since the surrendering time was not ordered to change, shouldn't the remark about the time be removed? If so, what should I say to keep the surrendering time from being changed in a DE NOVO hearing?


In regards XXXXX XXXXX counter petition - My ex-wife and I are able to control our emotions in front of the kids. She is claiming this this is a high conflict case in order to get a visitation schedule that is convenient for her work hours. She tried this in the final hearing. It seems she believe with a new judge and a new complaint, she will be able to get a ruling in her favor.

Can i tell the judge to dismiss this case? She doesn't have any proof to back up what she is saying. If this was a real concern, she would have mentioned it in the final hearing 2 months ago. What should I say to make the judge understand this is a bogus claim?
Submitted: 2 years ago.
Category: Family Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
you can cancel the question. I have an answer.

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