I'm the moving party (respondent) in a child custody and visitation case. The petitioner has not filed a response or opposition to my petition not even so much as a fee waiver, she has not participated in the settlement conference. The courts have somehow managed to move this case into trial. I'm trying to figure out what is the judges options if the party doesn't show to this intial trial and the party has not filed anything in response?...... Keep in mind, that I realize and believe that this case should have went into default due to the lack of response but that did not take place....?
2007-07-16 09:36:15 · 5 answers · asked by Gary C 1 in Politics & Government ➔ Law & Ethics
Whether or not their is a response from the other side, the judge in a custody/visitation case will apply the law of your state to the facts presented. In custody and visitation cases many states, in one form or another, use a "best interest of the child" test. So, the judge will examine your petition and the evidence presented at trial, and apply the law.
If it's a "best interest of the child" test, the judge will look at the facts, and make a judgment as to what should happen.
2007-07-16 13:49:03 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The moving part is not the respondent. The respondent is the party that answers a motion, or defends an appeal.
The petitioner is the moving party, since they filed the motion. So, if you filed the petition, you are the moving party, and the other party is the respondent.
If the other party has not filed a response to your motion, then at the hearing, the judge is more likely to grant your motion. But that would be resolved at a motion hearing, not at trial (unless it is a trial motion).
If the party does not show up at the trial, then you usually win by default as long as you can prove at least the basic elements of your claim (called making a "prima facie" case).
2007-07-16 11:41:29 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
The judge has to give all parties a chance to respond and to file papers, and family court judges are less likely to toss cases where people don't respond, simply because the majority of the people in family court have no legal knowledge and don't even know about defaults, etc. If the petitioner continues to not respond or file anything or appear, then the judge will have no choice but to rule in your favor. I wouldn't worry about it, other than to have everything in order in case she does show up.
2007-07-16 10:11:40 · answer #3 · answered by Hillary 6 · 0⤊ 0⤋
He is probably trying to give her every opportunity to respond, I'm sure if she does not show at the court date then a default judgment will be entered.
2007-07-16 09:41:01 · answer #4 · answered by Lori B 6 · 0⤊ 0⤋
properly what can ensue is the decide would carry off the case. Or the decide would stated with the folk who're there on the trial. relies upon on what is going on yet i think of that's the latter of the two.
2016-09-30 03:28:25 · answer #5 · answered by Anonymous · 0⤊ 0⤋