Settlement proposal vs RFO

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: Settlement proposal vs RFO

Unread postby Outis » Sat Aug 12, 2017 11:50 am

Can you currently make a case at trial for 50/50? Are you fully prepared for that?
What am I to do with all this silence
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Re: Settlement proposal vs RFO

Unread postby Cosette » Sun Aug 13, 2017 12:54 am

What is required to have 50/50 ? I believe I have everything but it's not gonna happen in one session with this judge... it looks like I'm gonna need to be in court many times if I want to get 50/50, which will just be ongoing fight, battle and BS...
Truth is, custody should start at 50/50 and reduced / modified if a parent keep screwing up not the other way around... Fathers starting with crap and having to fight their asses off to get a LITTLE more time is shameful for our "MODERN and EDUCATED" society, it doesn't take 20% of a man and 80% of a woman to conceive a child.
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Re: Settlement proposal vs RFO

Unread postby Outis » Sun Aug 13, 2017 1:58 am

Cosette wrote: it looks like I'm gonna need to be in court many times if I want to get 50/50, which will just be ongoing fight, battle and BS...

Sounds like you answered your own question then.

Was the current schedule in place before the allegations, or due to the allegations?
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Re: Settlement proposal vs RFO

Unread postby Fatheroffour » Sun Aug 13, 2017 6:30 am

What is required to have 50/50 ?


Generally, status quo of approximately equal involvement and a fair minded judge are the two major factors.
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Re: Settlement proposal vs RFO

Unread postby Cosette » Sun Aug 13, 2017 10:51 am

status quo was established before Temp order.
Forget the allegations, which were post temp order, it was BS and not in STBX favor.
Fair minded judge is the issue... Therefore, settlement proposal, RFO or trial?
Or ask for a different judge? If so, what's the process?
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Re: Settlement proposal vs RFO

Unread postby Fatheroffour » Sun Aug 13, 2017 11:17 am

From the original post.

Commissioner made it clear an RFO was needed to change custody.


As far as getting a new judge, judge shopping should occur before they've ruled on anything.
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Re: Settlement proposal vs RFO

Unread postby Cosette » Sun Aug 13, 2017 4:01 pm

You mean that I should reject this judge and request another one before going back to court? Please be specific, everything is already confusing.
Is this easy to do ? recommended ?
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Re: Settlement proposal vs RFO

Unread postby Outis » Sun Aug 13, 2017 4:31 pm

Probably too late to change judges. File the RFO for 50/50 temp custody.
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Re: Settlement proposal vs RFO

Unread postby Cosette » Mon Sep 04, 2017 8:04 pm

currently following a lame Temporary order, should I file a RFO:

1/ Requesting equal parenting time with parenting plan / schedule to be established later at mediation to keep things quick and simple during court.
OR
2/ Request equal parenting time with a full parenting plan proposal (which I fear will be easier for STBX to fight as she can easily argue against any proposal I come up with)

I know whatever I come up with, STBX will turn it down... and I don't want the judge come up with a weird schedule like the one imposed on the current TO.
Last edited by Cosette on Mon Sep 04, 2017 11:38 pm, edited 1 time in total.
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Re: Settlement proposal vs RFO

Unread postby quantum » Mon Sep 04, 2017 10:10 pm

Find out what your court rules are. I agree that it is too late to object to the ruling.

But in the future hearings, before the proceedings begin, right after the oath you could say something similar to below:

"Pursuant to <insert family code>, I am informing the court that I am proceeding on the basis that comm. Joe is acting as temp judge in the matter and the decision is subject to review by superior court judge"

He won't be so callous when ruling after you say this.

If the decision is still absurd, you have few days time to file for review. Call the clerk and learn about your court rules and procedures regarding this
Moving forward with distress behind!
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