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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19106
Experience:  B.A.; M.B.A.; J.D.
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My ex husband has taken me back to court 5 years after I have

Customer Question

My ex husband has taken me back to court 5 years after I have already been granted full custody and responsibility of my children. He's now going through his second divorce and due to issues of his behaviour and mental state my children have not had time with him since October 2015. The children are almost 16 and 12 and there were parameters around my youngest having to be supervised with the first set of court orders. The courst orders were slackened off when he remarried and seemed to have gotten himselft together but he did not. Now my kids do not want any time with there dad and at the moment he is still living with friends 8 months after his second marriage failed. I do all my own responses to affidavits and paperwork. At the first court date last week, he didn't even come to to the court only his lawyer was there. Now this was quite frustrating that he did show. The children will be meeting court counselllors in July and then we will be back in court in August. Can I completed some kind of paperwork asking the judge to throw this whole case out as he's already wasted the courts time at the first day in court and not too mention that there are custody orders that should be referred back to using the Rice VS Asplund case. So can I ask the court or file paper work to the court asking this whole thing be thrown out?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
No. It is not the prudent thing to do. You should allow the case to proceed and show the Court why he should not be allowed any time with the children--he is unstable and his living arrangement is not conducive to raising children. Also, you should ask the Court to interview the children about their concerns. The children are old enough to tell the Court what they have observed and why they do not want to visit with their father anymore. Best wishes, Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.