Thursday, September 13, 2007

First Appearance

What a day. I am totally exhausted.

Today was supposed to be a first appearance only. That typically means you check and make sure everyone still wants a court date and that everyone is playing fair and has shared documents etc.

Yesterday, my lawyer got a letter from my ex's lawyer. He was opposed to any arguments being presented today because it is Rosh Hashana and so he has the right to celebrate Jewish Holiday. No disrespect, but Jewish holidays don't follow crazy lunar calendars like the Muslim ones do. So he knew about Rosh Hashana long before yesterday. He is just stalling. He said that he was not going to come to court, and that he would send an "agent" in his place to request an adjournment. I was livid.

We went to court today to request a new date, and it turns out there are no dates till basically December. That would be for a case conference, which is like a pre-date to the courtroom where you get to chit chat with the judge before you show up. Basically, we wouldn't get to see the courtroom again before the new year. My lawyer requested an earlier date. The judge said there wasn't one. Then my lawyer argued that unless we get an earlier date, we would have to file an emergency motion, because the children are in need of extra protection, and this case cannot hold up until December. The judge requested a break, read some of my materials, and then agreed that there were grounds for an emergency motion. Instead of doing more paperwork, she granted us an earlier date. Oct 2. That is just 2.5 weeks away.

First the lawyer's agent said that my ex's lawyer was available (she called him to check). Then when she heard that it would be an actual court date and not just a case conference she came back and said he was no longer available for Oct 2, but that he could "make himself available if we did a case conference instead of a motion date". My lawyer argued that this was unreasonable, and that they were delaying the case. He is, after all, available, just not available for a motion. What kind of argument is that? The judge agreed and made an order that we re-appear before the courts at 2pm on Oct 2. Thank God for some things.

So, today wasn't a total loss. Here is why:
  1. We got an earlier date
  2. Although they didn't show up, today counted as a first appearance, which means we didn't lose any time, and actually gained some since we don't have to wait until December
  3. I got all of this without having to see my ex :)
  4. I got to see my lawyer in the courtroom and she is AWESOME
  5. I realized how much respect people in this court have for her
  6. The court got a taste of my ex's lawyer's tactics and they did not approve
  7. The judge recognized the urgency in my case
  8. The judge is a senior judge, and known to be very fair and reasonable (I asked around)
  9. The judge gave my ex's lawyer a deadline for filing the rest of his materials so I know that I will receive them on Sept 25 and can plan accordingly- no more living to his whims
  10. Mr. NYC called just as I left the courthouse to see how I was holding up :)
Seriously though, I am VERY blessed. A special thank you to all of you who text messaged me while I was in court :) and to those who emailed and left me voice mails beforehand. I love you all.

Please keep me in your prayers. Oct 2 is only 2.5 weeks away.

1 comment:

Anonymous said...

It's great to see some positive progress. Keep your strength up and we will continue to keep you in our thoughts and prayers.
BF