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What does it mean if judge gives an order that states no…

Customer Question
What does it mean...

What does it mean if judge gives an order that states no good cause appearing

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Has anything been filed or reported?

My daughter filed a motion for reconsideration due to judge vacated a return hearing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The original hearing was based from an emergency hearing based on her ex and his girlfriend are exposing kids to numerous domestic fights

Submitted: 8 months ago.Category: Family Law
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Answered in 15 minutes by:
11/19/2017
Family Lawyer: Bill Attorney, Lawyer replied 8 months ago
Bill Attorney
Category: Family Law
Satisfied Customers: 2,621
Experience: Attorney
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Dear Customer ,

Thank You for posting your legal question.

The judge may direct the person to file papers with the court to show good cause for hearing a motion to the court.

If the judge finds that no good cause was presented to the court then the motion hearing can be refused.

In that case your daughter needs to submit additional information tot he judge showing good cause.

Her best bet may be to file a new petition with the court at this stage if she submitted everything in her motion already.

We are here to help.

If you require further assistance or support please follow up with me.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

My answer is based upon 10 years experience and on the law pertaining to your question.

Reciprocate my service to by rating FIVE STARS today before your exit.

Thank You

Attorney Bill

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Customer reply replied 8 months ago
When she filed this motion she did not include the evidence just a list of evidence. Should she have filed the evidence with the motion
Family Lawyer: Bill Attorney, Lawyer replied 8 months ago

The motion doesn't have to include the new evidence but should refer to it and give details of the new evidence.

Motions for retrial must show show some procedural incorrectness during the hearing or new evidence that a party didn't have access to during the trial.

It is likely judged that your daughter provided no grounds to have a retrial from the statements in her motion as the judge could have asked for actual evidence if that was the case and he were considering the grounds in her motion.

For this reason appealing the decision or filing a new petition or different motion are other viable options.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

My answer is based upon 10 years experience and on the law pertaining to your question.

Reciprocate my service to by rating FIVE STARS today before your exit.

Thank You

Attorney Bill

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Customer reply replied 8 months ago
This hearing never took place. She filed an emergency motion based on a bad domestic fight that happened in front of the kids. Judge did not give emergency order but scheduled a hearing. Her ex has a lawyer but she does not. His lawyer put motion in to dismiss based on his denial of this fight. They said our son lied but he did not. Lawyer wanted a continuance or dismissal judge vacated hearing. My daughter then put motion for reconsideration to reschedule a hearing. She stated all the lies in ex motion and stated evidence she has that absolutely proves the fight happened and it abusive for children. Then she get this ruling denying her motion. The kids are exposed to domestic violence frequently and they never want to go back to dads house. Her oldest son who is 9 years old says a lot he wants to kill himself so he don't have to go to his dads house. Just the other day just before we were taking kids home her son put a plastic bag over his head saying he wanted to die. The kids are in mental distress and are exposed to domestic violence. The judge still denied my motion without ever hearing the evidence. What can she do to help save her kids.
Family Lawyer: Bill Attorney, Lawyer replied 8 months ago

If the judge dismissed the hearing based upon the lawyer's application and then dismissed your daughter's motion for reconsideration your daughter need to file a new petition with the court at this stage .

She should be entitled to a full hearing so long as her petition is correctly drafted.

The petition was likely dismissed without prejudice to bringing a new petition which should be carefully drafted next time.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

My answer is based upon 10 years experience and on the law pertaining to your question.

Reciprocate my service to by rating FIVE STARS today before your exit.

Thank You

Attorney Bill

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Customer reply replied 8 months ago
What should the motion be called. Should it be a modification of custody how can a judge read a motion with as much facts as she put in it and knowing there was a previous emergency motion that this judge gave my daughter sole custody and dad supervised visitation. She compromised forv50/50 based on first incident. The children are absolutely being mentally abused. She has 2 recordings do these recordings need to be on a disk to give to court. Judge never gave my daughter a chance to present evidence in a hearing.
Customer reply replied 8 months ago
Hi not sure if you realized I added more information or maybe you are just off line right now. Please let me know what I should do thank you
Family Lawyer: Bill Attorney, Lawyer replied 8 months ago

A petition for modification of custody must state grounds that were not part of the original custody hearing.

A judge could dismiss a modification petition if the grounds stated were the same as were presided on during the previous hearing. A modification must state new grounds bearing on the well being of the child.

So you need to include the new facts and report of CPS. If the CPS made no positive finding then the judge could dismiss the petition without a new CPS report.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

My answer is based upon 10 years experience and on the law pertaining to your question.

Reciprocate my service to by rating FIVE STARS today before your exit.

Thank You

Attorney Bill

Ask Your Own Family Law Question
Customer reply replied 8 months ago
If she files a motion can she give a recording that father states he is aware of his girlfriend abusing the kids will judge listen to it he has never heard it cause there was never a hearing
Family Lawyer: Bill Attorney, Lawyer replied 8 months ago

Evidence and a recording can be submitted with the petition yes.

If evidence is submitted the judge is obliged to review it including the recording.

My answer is based upon 10 years experience and on the law pertaining to your question.

Reciprocate my service to by rating FIVE STARS today before your exit.

Thank You

Attorney Bill

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