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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12495
Experience:  Attorney experienced in numerous areas of law.
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I am pro se in a custody trial. Ex husband's lawyer asked

Customer Question

I am pro se in a custody trial . Ex husband's lawyer asked for a protective ex parte order to quash the subpoena that the court already approved and was process served to ex husband requiring him to bring the minor children (both over 12 years old ) to testify in OKLAHOMA about where they want to live and the issues to be addressed with motions for contempt. Ex husband doesn't want the children to talk to the judge and would leave them behind in MICHIGAN. How can a pro se parent handle the judge's violation of trial rules and this lawyer's unprofessional conduct as this is the second time she ran over to the courthouse for an ex parte order, giving false information to the judge and request was granted?
Submitted: 1 month ago.
Category: Legal
Expert:  Brandon M. replied 1 month ago.

Good day, my name is Brandon. I am a licensed attorney and experienced in family law issues. When an ex parte order is granted, it is usually granted on a temporary basis and there is usually a subsequent court date to allow the other side their due process right to be heard. I have two questions to start: (1) was a subsequent court date set? (2) Relative to the protective ex parte order being granted, when did you first have notice that the request would be filed?

Customer: replied 1 month ago.

His lawyer sent me an email this morning that she was meeting judge at 845am in Oklahoma. I live in Missouri

Expert:  Brandon M. replied 1 month ago.

Ok, so she basically sent you notice the morning of the hearing, is that correct?

Customer: replied 1 month ago.

Yes. She spoke to him in private I guess. My ex claims he can't afford the expense of bringing the children to Oklahoma for trial, although he is attending on Nov 1. The judge ordered the children to testify by telephone or Skype if I provide it . How can I do that when they must be available on the other end and they would be in school and their stepmother won't allow it?

Expert:  Brandon M. replied 1 month ago.

Were you able to attend the ex parte hearing this morning? Either in person or by some other means?

Customer: replied 1 month ago.

No. I received another email @930 informing me of judges decision

Expert:  Brandon M. replied 1 month ago.

Thank you. Last question (probably): You mentioned that the judge violated the trial rules. Which rule do you believe was violated? I'm not disagreeing with you, but I can see more than one potential judicial error and you know your case best.

Customer: replied 1 month ago.

Quashing my subpoena based on the oppositions exparte motion which is not factual and the judge's own bias where I am concerned. He gives every consideration for the fathers financial hardships, but none for mine, and believes without evidence what he's been told by him. And this judge continues to make decisions with nothing but hearsay and bias against single mothers.

At the status hearing where this trial date was scheduled, judge announced that the children would be heard at trial. I knew my ex wouldn't bring them. That is why i issued the subpoena ordering him to bring the minor children with him. Now how can they be heard if they are left in Michigan?

Expert:  Brandon M. replied 1 month ago.

Do have reason to believe that the judge knew that the factual basis for the motion was false?

Expert:  Brandon M. replied 1 month ago.

I apologize for the typographical error. I meant to ask if we have reason to believe that the judge knew that the factual basis for the motion was false.

Customer: replied 1 month ago.

The judge knows the kids are in school. One of the points of my contempt motion is the educational neglect the children have suffered in HIS care. She argued that the children would suffer irreparable harm by testifying in trial. The judge could speak with them in chambers.

Expert:  Brandon M. replied 1 month ago.

Ok, first the easy stuff:

Attorney misconduct can be reported to the state bar association here: http://www.okbar.org/members/GeneralCounsel/grievance.aspx​
Judicial misconduct can be reported here: http://www.okbar.org/public/Courts/CouncilonJudicialComplaints.aspx​

Expert:  Brandon M. replied 1 month ago.

You indicated that you are in Missouri and the court is in Oklahoma. Do you have means to appear for a motion in the Oklahoma court before trial?

Expert:  Brandon M. replied 1 month ago.

I'll tell you where I'm going with that question. First, I should be clear that there may be multiple approaches to your problem. Because the nuances of every situation are different, this information should not be relied upon as complete or advice without having your case reviewed by counsel in person. That said, under Oklahoma Code of Civil Procedure sec. 12-1031, a district court can vacate or modify its own judgments or orders when certain circumstances exist, such as fraud by a party. Under Oklahoma Code of Civil Procedure sec. 12-1031.1, a court may correct, a party can file a motion to vacate within thirty days after a judgment, decree, or appealable order is filed. http://www.oklegislature.gov/osStatuesTitle.html

Expert:  Brandon M. replied 1 month ago.

http://www.oklegislature.gov/osStatuesTitle.html

Expert:  Brandon M. replied 1 month ago.

So one option, when a last minute ex parte motion to quash is granted and without notice, is to file a new ex parte and present the argument that wasn't considered at the first ex parte. You're dealing with a short time frame, so that's where I would generally start. If the motion was denied, my course of action would depend on the specific circumstances.

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