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I would like for someone with experience being a judge in family court to answer this if possible. It is simply a 2nd opinion of one you gave me last week.

The family judge has engaged in Ex Parte communication with the other sides counsel without mine present. I realize they can do that if there are others at risk of physical harm. That was not the case here. The judge then called my attorney after the meeting and told him the outcome of the meeting and that my children would not be allowed to testify in an upcoming hearing against their mother. We had no intentions of doing so. It is my fear that this suggestion tainted the judge and caused him to be upset with me. Two hearings took place 11 days after that in which I lost both. It seemed I didnt have a chance and walked into a firestorm, maybe due to the communication of Ex parte.

Questions: 1) should both orders coming from those hearings be vacated? What's the process?

2) Would that create a change in circumstances ?
Submitted: 8 years ago.Category: Family Law
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Answered in 50 minutes by:
3/1/2010
Family Lawyer: RayAnswers, Lawyer replied 8 years ago
RayAnswers
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Category: Family Law
Satisfied Customers: 49,576
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Thanks for your questions.You have the right to appeal both orders since you had a bad outcome.You can do this by appeal to higher court or by motion to modify the current orders.

 

A change of circumstances is anything that has caused a need for a change of legal custody.It can be an incident of harm to the children, arrest of a parent, or really any serious incident that affects the children and requires a change of legal custody.The judge decides if this is the case here and woudl rule on your motion for modification.

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Customer reply replied 8 years ago

Ray,

 

I know that the appeal is always a possibility. Does the judge in this case have an obligation to vacate the orders based on the rules of Ex Parte? The appeal process takes too long and is expensive. It seems that the Order could be vacated by that judge.

 

The second part is that now the trial is over and she got full custody, would this situation turn the custody back over if the orders were vacated as if they never were ordered?

Family Lawyer: RayAnswers, Lawyer replied 8 years ago
Thanks for your question.The court should vacate or modify orders if they are for more than emergency or short term.You deserve notice and opportunity to be heard and present witnesses and argument.
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