Voicelessness and Emotional Survival Message Board
Voicelessness and Emotional Survival => Voicelessness and Emotional Survival Message Board => Topic started by: lighter on October 25, 2012, 10:41:12 PM
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Uhem....
I mean, the Judge sent out her final Order today, and we won the custody and visitation suits.
She didn't say anything about giving us our legal fees, but her Order was one smack and the chops after another for the IL's so.....
I feel it's a pretty good possibility we'll get our fees back.
BTW.... the IL's asked the Judge to award them fees also.
THE NERVE!
Lighter
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Congratulations to you!
And, thank you for posting the good news, its nice to see good things happen!
:P
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Uhem....
I mean, the Judge sent out her final Order today, and we won the custody and visitation suits.
She didn't say anything about giving us our legal fees, but her Order was one smack and the chops after another for the IL's so.....
I feel it's a pretty good possibility we'll get our fees back.
BTW.... the IL's asked the Judge to award them fees also.
THE NERVE!
Lighter
Crying tears of joy! I am so happy for you. Revel in it, glory in it, wear it around your shoulders like a big shiny coat :) Shout it from the roof tops - WE WON! I'm gonna go and shout it from my roof top :) Yay! Raising a glass to you and yours, Lighter, and betting this will be the most care free and relaxed weekend you've had for a very long time. Enjoy :) xxx
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Thank you Tupp and Ales: )
I celebrated with a fire, and roasted weenies with my youngest child and my sister, who worked like a law clerk to pull this confusing case together. My oldest child was attending a birthday dinner, very fancy, and that suited her just fine to be back with middle school best friend. I missed her, but she's happy, and all seems right with the world in these moments.
My sister and youngest lit every candle in the house, a beautiful fire, had weenies roasting, chili, coleslaw, and a cold beer waiting when I got home from a school board meeting to celebrate.
There's nothing like seeing your child's face in the firelight, happy to be home and munching into a gluten free hot dog bun (no complaints by now!) playful, joyful, so glad to be back home.
I feel like everything's going to be OK for the first time in a long time, really...... it's so difficult to live when your children are being threatened, esp if the courts seem to be helping the PD's do harm them.
Lighter
ps I feel like I have 6 years of catching up to do in the garden: )
And it's fall again.... I love the fall.
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Oh Lighter! You must be virtually splashing and laughing in the relief!
How WONDERFUL!!
Love to you guys...
Amber
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Lighter,
I am so happy for you and your children. I can only imagine the relief you must feel. Wings under your feet!
Blessings,
tt
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I'm so glad, Lighter!!!
Best wishes to you and the kids,
Richard
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Hooray!
Congrats Lighter! This is wonderful news...
lots of love, Kay x
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Dearest lighter
--the HAPPIEST MOTHER IN THE WHOLE USA.
This is just the greatest of News Reports!
Congratulations and Best Wishes for a happy ever after relationshp with your girls.
xxoo
Iz
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Lord Had Mercy!
(And I'm agnostic.)
SO happy and relieved for you and the girls, Lighter...
it must've been agonizing to have that anvil hanging over your head.
And what an incredible thing, to have a sister like that.
Whew whew whew...
Happy fall!
Hops
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YAY! I am so happy for you!
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RedErin, Skits, KZ, Doc. G, Hops, Amber, TT, Tup, and Ales:
Thank you for your support, and I'm sorry to have taken so long to get back to your responses.
I had to get the children the children back into their routine, the house is a mess from travel, there's boxes of files, and suitcases, and then we got some icky nasal lung crud, so I'm just now able to get back to the board.
Lighter
ps I'm also wrestling with the idea of initiating one or two court battles at this point. I know I should, I must, but I hate the idea of taking my focus away from my children, and how much of my time will be required.
Is anyone else really missing CB right now?
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Lighter,
Oh my!
Were you away from home all this time, in a hotel or pitched in a tent? That must be awful.... and I hate coming home to a mess to clean up to, the unpacking, laundry, etc.
I don't doubt you have though of a 'retaliation' if you will, rergarding what you have been through.
Best of Luck
Izzy
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Not pitched in a tent, Izz, but on the road, and living out of suitcases right now, must get that cleared up, and just getting laundry caught up.
When I landed back in town I had to jump into a huge project, almost no sleep, and just managed to pull it off so it will be an enduring piece of our fundraising program annually at the school children attend. IF it flopped it wouldn't have been good, and I couldn't let that happen. The good thing is I've met some superparents who helped me pull it off...... amazing people, and there's a cohesive group forming we didn't have before. Amazing.
Timing's been off this year with regard to legal stuff, but is there ever a truly good time for it? I think not, esp when children's routines are involved...... so hard on them.
Lighter
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We've just found out the Judge in our custody case has reserved the right to award attorney fees.....
interesting the Plaintiffs in their closing argument asked we pay their attorney fees. So I'm wondering if they had the nerve to turn in their fees, and if they did, I'd like to see what it costs to terrorize innocent people in the courts. What's the going rate for getting a minor Judge to ex parte, pay off, and manipulate other Judge's, court officers and witnesses?
Not that it matters really, but it will be interesting to see what their weasel attorney has been charging..... is he making bank, or has he been cowed into making very small requests for money, bc the PD clients have him cringing and fearing their typical Tasmanian devil response to any bill, even a small reasonable bill? Do the IL's have something on him, or is he doing these terrible things for a buck? He's gone so far out of his way to ensure my children are harmed, and sacrificed..... he's a father too, and I know people do terrible things for money, but after all this time I still find it difficult to wrap my mind around the concept of ruining children's lives just to make or save a buck.
The Judge is requiring both parties attempt to settle the fee dispute before she considers ruling in the matter. We all know how high conflict personality disordered people are consistent in their inability to to settle anything. Ever. That much can always be counted on, IME. How reassuring. <tic>
We can ask they pay a tiny fraction of our expenses, and they'll say no, even if it means they end up forced to pay the entire fee by the Judge. The nature of the beast is what it is.
I'm also wondering if this Judge is sitting back and waiting to see what the Plaintiffs do with regard to filing a appeal in this case, which is their typical response, keeping in mind this isn't their typical case. CAN the IL's alter their typical course of action?
IF they can't, and it seems likely they can't, that begs several logical questions:
1. What will this current superior court judge DO to them if they file an appeal/request for reconsideration? What can she do to them? Will she wait the 30 days to see if they file an appeal/request for reconsideration before she makes up her mind on the fees? Can she award us anything else, outside of attorney's fees?
2. Can this Judge take over other suits, if pushed or goaded enough? It would be just delightful if she could pick up the remaining suits, and handle them herself. Not likely, but I've always been the hopeful type; )
Lighter
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Virtually every attorney in every civil case asks for the client's attorney fees as a matter of course. I would be very surprised if you got to see the other sides records unless they were actually awarded their fees which, since they were thrown out of court on their ears, is obviously not going to happen.
The judge seems to me to be clearly signalling both sides that you will be awarded your fees, which means you have little reason to agree to some pittance and they have every reason to fear what the judge will do.
If you are awarded fees for the underlying case you are also almost certain to be awarded them for any appeal they may file.
Typically a loser has an absolute right to file an appeal so I doubt the judge can do anything about it they choose to and once the appeal is filed it will no longer be in the trial judge's hands but will be assigned to whatever appellate court has jurisdiction where you live..
If you want something beyond your court costs and attorney fees you will probably have to file another lawsuit alleging malicious prosecution, abuse of process, etc.
Not sure how it works where you're at but judges are typically assigned to cases and may not take over other cases as they choose. It might be possible to have whatever other cases exist consolidated with the present one.
mud
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A huge congrats to you, Lighter! May your family be happy.
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Thank you, gratitude:
Mud, we had to put together all our itemized fees, file them with the court, and forward a copy of same to opposing counsel..... they get to see what we spent, and how it was spent.
IF the IL's are going to ask us to pay their fees.... highly unlikely...... they'll have had to have filed them with the court last week, which is public record, even if they failed to mail a copy to us, we'll get to see it. That said, I haven't heard a peep from my attorney since getting those figures together, and filed..... an obscene amount.
If the IL's file a request for reconsideration, they'll lose.
If they win an appeal, they end up back in front of this Judge, and I don't see that working out for them any better this time, than the last.
Maybe a whole lot worse if I can file a counter suit for whatever one files.... harassment, frivolous lawsuit, malicious prosecution, etc.
Maybe that would be the best case scenario for me..... getting the IL back in front of THIS particular Judge, bc she's all over them, and can't be bought or influenced. She really is the very best Judge I could have drawn for this case.
::knocking wood::
Lighter