08-28-2005, 09:14 AM
Will it ever end? :angry: Before arrest Tim was trying to make Foc enforce visitiation for his daughter. The x is saying daughter doesn't want to and the order isn't valid. Foc ignored it at first then set up a referee hearing when Tim insisted they do their job. In the meantime he was arrested and told them about it. His x hired an attorney last fall and drew up a petition to have his visitation taken away based on pending OUIL, past OUIL and past CSC stating that she didn't know if he had restrictions on him because of CSC that should keep him from seeing his daughter. She knew this wasn't true and the attorney should know he hasn't been on probation for years and would have no restrictions on him. Quick money for her. Anyway, she never filed it at the time, Tim went to prison and now she is filing it. I knew she was planning it but never in a million years thought the judge would hear it when he knows Tim can't be there. It's set for Oct.7. and he was served notice in the mail at the Straits. He doesn't get out till the 24th and I don't think she knows he's getting out.
So the question is: Does he do a formal answer to motion and ask for it to be canceled because he can't be there or what. Does he then have to pay some fee and do proof of service papers also? How is it supposed to be done? This is exausting :angry: :angry:
08-28-2005, 09:59 AM
Call the courts on his behalf. Ask to speak to a clerk if possible. I don't have an answer, but often, the clerks can and will answer your questions because really, he is just looking for it to be postponed or delayed and that shouldn't be a problem seeing as how they would prefer him to be there and they won't issue a writ for the prisons to deliver him.
08-28-2005, 04:54 PM
...my guy was told that nothing could be done until he was out...so if the court is told where he is...wouldn't that work for now?
08-28-2005, 06:45 PM
Aquarian have him answer it notifying them that he is incarcerated and request for re-schedule after release date. So that judge knows that he isn't able to be there; with this type of situation there is a lot to prove however, her resistance to situation doesn't make alot of sense at all. What is she going to get out of not allowing him to see his daughter? That goes against support order; secondly his daughter has never been hurt or violated while under his care be different if something has actually happened to her but it hasn't! His daughter's mother is just acting silly because she knows he is incarcerated. Plus I know here in Kent County you have to prove alot for visitation to be taken away. If he still has his paperwork my hubby can help him with it! Right now it's just a motion that the judge is willing to hear doesn't mean he is willing to give her what she wants.
08-29-2005, 08:27 AM
I would also suggest answering the petition with a request for an adjournment of the hearing date due to his incarceration. There should be no problem getting the adjournment; it's done all the time for reasons nowhere near as important as not being able to attend. I'm not sure how it works in the county you are in, but in Oakland County, you don't even need the judge's permission to adjourn; the petitioning party just re-sets the motion for another date. If the petitioning party won't adjourn, you can file a motion to adjourn.
There shouldn't be any fees for him, the petitioning party pays the motion fees, and yes, you should file a Proof of Service as well. You can use this form: Proof of Mailing (http://courts.michigan.gov/scao/courtforms/general/mc302.pdf)
09-12-2005, 07:34 PM
I'm a little late on this one - missed it some how. My husband handled all of his FOC matters via mail. It is important that he responds (creates the paper trail) to show his interest. If they don't delay it or a default motion is entered, you can file a grievance with FOC. We did and were successful. Let me know if I can answer any questions about the process.