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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33380
Experience:  Began practicing Family Law in 1992
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How do I file a motion to reinstate on someone who is not

Customer Question

How do I file a motion to reinstate on someone who is not following a court order
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: VA. Fauquier County
JA: Have you talked to a lawyer yet?
Customer: Not about this, I can't afford one
JA: Anything else you think the lawyer should know?
Customer: My granddaughter needs therapy and was going every week with me when I had her. The custody case was appealed and they haven't taken her
Submitted: 11 months ago.
Category: Family Law
Expert:  JD 1992 replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Can you provide some additional facts to put this into context? What are you trying to reinstate? What happened to the motion in the first place?

Customer: replied 11 months ago.
It's a very long drawn out story, 4 years worth. I lost custody on an appeal and the person who has her was supposed to continue her therapy and hasn't. She's trying to adopt her and I need the judge to know she's not following his order to continue her psychological therapy
Expert:  JD 1992 replied 11 months ago.

A motion to reinstate usually has to be filed within 30 days of a final order being issued. If the appeal was taken and more than thirty days has passed then you wouldn't be able to file a Motion to Reinstate, you would have to file an entirely new action.

If there is an order in place which is not being followed then a Motion for Contempt or a Motion to Compel would be the appropriate step to take.

Customer: replied 11 months ago.
How do I file those? It has been over 4 months but there is a court case coming up. She is trying to adopt my granddaughter, court is September 8th
Expert:  JD 1992 replied 11 months ago.

You just draft them, or have them drafted because they have top be precise, take them to the clerk of courts and pay the filing fee and then have them served on the other party. After the time for their answer has passed, about thirty days, then you ask the court to set the matter for a hearing.

If you have a hearing set on September 8 then you may not be able to get the judge to set it for the same time as the other hearing unless they go ahead and file an answer.

Expert:  JD 1992 replied 11 months ago.

When you file the original have three copies as well for the clerk to file stamp.

Customer: replied 11 months ago.
Can my daughter bring it up in court?
Expert:  JD 1992 replied 11 months ago.

They have to be formally served with the motion and it has to be specific for a judge to hear it. Motions to Compel and for Contempt are "quasi criminal" in nature since a judge can punish the person who isn't following the order. This requires that it be written and specific.

Customer: replied 11 months ago.
what should I do?
Expert:  JD 1992 replied 11 months ago.

You really don't have a lot of choices if you are trying to enforce an order. The methods I explained are the only ways to do it. You could ask the court to grant a continuance for the September 8 hearing so you can cover everything at the same time, that would really be the only way to assure everything is heard.

Customer: replied 11 months ago.
We already tried to get it continued so we could try to get a lawyer but he wouldn't do it.
Expert:  JD 1992 replied 11 months ago.

You could go ahead and hire an attorney, have them file the motion then handle this action and handle the contempt hearing when it is scheduled. That would mean two different hearings but it is the best way to handle everything since the motion for Contempt requires such precision.

Customer: replied 11 months ago.
Ok thank you for your help
Expert:  JD 1992 replied 11 months ago.

You're very welcome. It may also be that the lawyer can convince the judge to delay the 9/7 hearing once they file the other motions because most judges don't want to have more than one hearing if they can help it.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 11 months ago.
Is there such a thing as appeal for an adoption?
Expert:  JD 1992 replied 11 months ago.

Yes, someone could appeal an adoption or a termination fo parental rights if they objected to it at the trial court level.

Customer: replied 11 months ago.
if the judge says he is allowing them to adopt her, she just st has to object to file an appeal?
Expert:  JD 1992 replied 11 months ago.

It depends on what all happens. Just stating she objects may be enough or it could be that she would need to file a formal, written objection and list the reasons, etc. It depends on exactly what has happened and what happens at the hearing. It's too complex an issue to be sure that just objecting will preserve all error.

Customer: replied 11 months ago.
Ok thanks.
Expert:  JD 1992 replied 11 months ago.

You're very welcome.

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