How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

Massachusetts) I want to file a motion to dismiss or vacate

Customer Question

Massachusetts) I want to file a motion to dismiss or vacate or new trial because several issues occurred that I have learned are wrong:
-Case filed in wrong jurisdiction, and my attorney at the time did not do a thing to have it moved back to the right jurisdiction. I live in NH, and so did my children with me since 2008-June 2015. And, my attorney I recently learned is marrying a former police officer, who, I know, and, was a responding officer to a dispute my ex attempted to claim against me.
-This case began in June 2012, trial did not occur until Feb 2014, an NO judgement was issued until I requested an update, two hours later, I learned of a judgement (but without rationale and other required info, and, the judge has not even submitted the case as adjudicated still.) I actually think that my ex's attorney wrote the judgement, and even perhaps signed it. The judge for some reason believed my ex on everything, and me on nothing. Similar, the GAL report (66 pages, 2 pages per page, on BOTH sides, size 8 font) was so slanted against me, it was clear to anyone that the report was not about my kids, but about me, and making me look bad.
-my ex is in contempt already for 17 out of 24 of our original divorce decree, and the new orders (of which I still have never been able to obtain) 5 of them.
-My ex attorney filed a contempt charge, that I never was able to speak to but the judge ruled against me in it. However, the contempt was for money I did not contribute to a extra curricular activity cost (which my ex used as a babysitting service) and refused to contribute to any activity when they where with me. I honestly could not pay, i was in the middle of bankruptcy..... We have a specific clause that states"unless both parents agree to a expense, if that expense occurs, the originating parent is fully responsible) so, I do not see how I am in contempt.
-This judge DOES not know us at all, never read a thing other than listening to testimony, and that is debatable.
-I am ready to go to a parenting organization and go public with this. I was primary parent for 8 years, (5-6 nights each weeks) now, I get 4 nights A MONTH?
-MY EX was investigated for violence toward our children, and admitted that he had a problem (similar to when he was charged with attempt to cause extreme physical harm possibly leading to death-domestic, he was diagnosed with explosive personality disorder and was not allowed to come near me ever - this is why he wanted to go to court in MA, not NH.
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns.
I must ask, are you asking as to how to file for a motion to dismiss, or are you asking if you have a strong chance in having success in doing so? I need to know so that I can best answer your question and ensure that I am able to help with your expectations. Also, how long ago did this get ruled against you? As there are deadlines for filing to vacate, I need to know if that is even possible outright. Thank you!