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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14493
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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How do i file a motion to set aside prior order that violates

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How do i file a motion to set aside prior order that violates order from another county because my husband took my kids hid them from me and went to another magistrate judge in another county and got temp custody awarded. To him and that initself violated order giving me custody from juvenile court judge. He is also convicted felon out in two separate bomds for battery and. Cruelty to children. Charges this magistrate judge blatantly ignored. I have only seen my children three times in six months and the order he got by lying he has filed for an extension
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.

Hello there

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You state that you have had many lawyers and hearings -- has the magistrate judge who awarded him temporary custody been made aware of the earlier award of custody to you by the other county judge?

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Has the guardian ad litem issued a report stating where the GAL believes the children should live (in many instances the GAL will make a recommendation to the court regarding primary physical custody -- was such a report issued yet or is one going to be issued by the GAL?) -- also, which judge appointed the GAL ?

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MARY

Customer: replied 1 year ago.

yes i informed magistrate judge in gwinnett but she ignored that amd his bonds he is out on and in forsyth casa recommendations were to give me primary physical custody and the judge awarded it to me and the gal in gwinett that was given to us was from me requesting our divorce case to be transferred to juvenile with the appointment of a gal because i thouht they would see what my husband is doung like the juvenile courts in forsyth saw and give me back my children

Expert:  Legalease replied 1 year ago.

Hello again Ashley -

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This makes no sense to me why this happened in the first place. When your ex filed for temporary custody in the other county, your lawyer should have filed a Motion to Vacate Custody order and in that motion there should have been a written request to the Gwinnett magistrate judge to accept the earlier order of the court that granted you primary custody already. A second court in the same state is legally bound to give the order of another state judge "full faith and credit" and the second judge in Gwinnet should have honored the earlier order and returned the children to you. The only thing I can think of here is that your lawyers did not make a formal written request at that time for the second judge to honor the orders of the first judge (was that ever done? Was such a motion or demand ever filed on your behalf? -- if the order was just mentioned to the judge, then she was free to do whatever she wanted because no one basically slammed it in front of her and made the formal legal request / argument that she is BOUND by the orders of the first court judge and she should have issued orders in compliance with the original orders). If the formal request had been made, about the only reason that she is permitted to disregard those orders is if there is proof that you were abusing the children (and I mean PROOF -- pictures, police reports -- not just taking the word of your ex regarding your treatment of the children).

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Under these circumstances, I can make a few suggestions and hopefully one of the methods I suggest will force the second judge to back away from this case and put it back in the hands of the first judge and court who made the original orders granting custody to you. Your choices are as follows (a) have your attorney, or if you do not have an attorney you can do this yourself -- write up a Motion to Vacate all Gwinnett County custody orders and request that the Gwinnett county court file the orders issued by the earlier judge granting custody to you (a copy of the order should be attached to the written motion) -- if you must do this yourself, you should be able to get a blank motion form from the clerk's office at the Gwinnett court but if they do not have any blank motion forms, you can write this up from scratch yourself (using earlier motions in the case to follow the formatting of the motion request is usually the best idea -- all motions are set up the same using numbered paragraphs to explain to the court what it is you are requesting), Here is a link to the Georgia courts self help website with Q & A's and links to many forms http://www.georgiacourts.org/aoc/selfhelp/faq.html (if you do not find a generic motion form here then please ask at the clerk of courts office in Gwinnett - they may have them there behind the counter -- every court is different) -- (b) if you file this motion and the Gwinnett county judge still refuses to honor the court orders issued by the earlier judge in this matter, then you or your attorney will have to appeal that decision to the appeals court for your jurisdiction (the appeals court can overturn her decisions and force the matter back to the original court and judge) -- OR (c) you can certainly try filing a complaint against the Gwinnet judge with the state commission on judicial conduct / misconduct. Here is a link to their website where you can get contact information and complaint information -- http://www.gajqc.com/ You should be very specific regarding the Gwinnett judge and tell the commission that your issue is that there was an earlier order in place and she failed to honor that decision or even consider it (enclose copies of the earlier decision and then Gwinnet judge order regarding the same topic -- the child custody).

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I hope that all of this helps and I do wish you the best in getting your kids back. You will at least get a valid reason why the Gwinnett judge has refused to honor the first court order (she will have to give a reason to her superior judges if asked and you may be able to counter that reason if it is not valid). Please let me know if you have any further questions.

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MARY

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Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!!

Customer: replied 1 year ago.

thank you so much that makes much more sense than anything ive heard how much would you charge to write the motion for me i cant affod a lawyer again i just had to pay his lawyer 750 afyter just paying 1880 in jan and legal hasnt came thru for me our next hearing on the temp custody order in gwinnett me is monday july 8 and no one will listen to me or help me. my husband has attacked aEvery source of help that i had even my own family he goes around telling everyone the court gave him custody because i ran off and left them but i didnt i took thenm with me when i left him. he promised he would take them from me and make my life hell if i didnt go home to him and he has done just that but i cant go back and let my kids see him abuse me and be in constant fear my daughter even told the school counselor that her dadddy hits her mommyand the same counselor has taken his side in court even though she stated that in her notes

Expert:  Legalease replied 1 year ago.

Hello again Ashley --

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I truly wish I could help you with this matter but I am not permitted to assist customers in an offline capacity (it is the rules of Just Answer and not a personal desire not to help you). The entire situation stinks and one of the reasons why I answer questions here is so that I can assist people for small money (I realize that when many people come here they do not have money for a regular attorney). If you cannot get assistance and cannot write up the motion yourself, then I suggest that you simply contact the judicial commission and make the complaint against the judge and demand a reason why she refused to accept the ruling of the original court judge and you might be able to get some answer on that (when you write the complaint, you should say "It is my understanding that any later judge or court who hears any matter or case that has already been heard and adjudicated by another court/judge in the same state is legally BOUND by the orders of the first judge and is not permitted to make any orders that are inconsistent with the orders and ruling of the first judge who reviewed the case and made a decision (it is called the "full faith and credit rule" of the US and Georgia Constitutions). If this is legally true, then I want to know why and I want to file a complaint against Judge XXXX in Gwinnet county because she has failed to even read, let alone follow and obey, the attached order made by Judge XXXXX in XXX County" -- by wording your complaint and inquiry in this manner and attaching the original order, you may at least be able to have the judicial commission force the Gwinnett county judge to issue a written reasoning regarding why she has not followed the first order. And then if the Gwinnet judge is forced to issue her reasons in writing by her superiors, it gives you and your lawyers something to attack in an appeal or in a request to get her taken off of your case.

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Again, I really wish I could help. But I can't (that is a complaint you have to address to Just Answer -- but I hope that you will press a positive rating below because anything less than pressing the 3rd, 4th or 5th smile face underneath this ANSWER box will affect me personally and poorly in the overall ratings I receive). I also am paid NOTHING unless you press a positive rating below (we do not receive paychecks -- we are paid for each question where the customer leaves a positive rating for us). Pressing the positive rating below will NOT cost you any more money -- it just tells Just Answer to pay me for my time.

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I am available just about every evening and if you have further questions you can come back and request me directly if you have more questions as you go along with this case. Just Answer has certain promotions where you can get a few questions for free if you pay for a few questions -- I am not sure exactly what is offered and when (it changes all the time) -- but it is worth making an inquiry to our customer service department to see what they have being offered at any given time once you press a positive rating below.

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MARY

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Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!!

Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14493
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
Legalease and 7 other Family Law Specialists are ready to help you

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