Court Documents

Do you have an attorney that worked with you during the divorce? I Would go to him and ask him/her if he has copies of the paperwork that was involved in that case. If he does, I would think it would be a simple matter to bring a copy of the paperwork that is in question to the attention of whomever needs to be aware of it. It could be that the original paperwork had a time restraint on it that has passed...or any of hundreds of other things that could have effecte id.

Go to the relevant court to the clerk's office and ask for a copy of the docket sheet to see if that other motion actually did take place in the courtroom. It will list all the relevant activities in the case. Then, definitely talk to a lawyer. It could be that the new motion has not been heard yet but the lawyer failed to send you a copy.

Hi T.,

This doesn't make sense to me. You can go to the clerk's office and ask for a print out of all documents filed and all court orders entered. You can also request to review the file. If you think that an attorney has tampered with documents in the file, let the Judge's clerk know. They can check their computer to see what documents were signed by the Judge and entered on the record. Sometimes, another Judge may sign for a Judge if that Judge is not available. The Judge over your case would have that information if its applicable. If one party files a motion, that doesn't stop the other parties attorney from filing a motion as well. As far as finger prints, I don't know how you know a Judge's finger prints is not on the new motion. If after checking with the Judge's clerk and the clerk's office you find that this is infact what happened, you can report the attorney.

Hope this helps.

S.

With Friend of the court, you can go down and ask to look at your file. you can look at everything in there, but can not remove anything. If you want copies of anything they do charge you to make copies. i would start by doing that. And if you used a lawyer, contacting them to see if they still had copies of everything from your case. You should from now on keep copies of EVERYTHING you get. Then you would have been able to look at exactly was there in your file.

I agree with KansasMom. Good Luck.

I am not sure whether it is that relevant if you are only talking about a motion. A motion is simply a party's request for something. An Order or Judgment is what would be signed by the judge. That is when a ruling is made ON a pending motion. If you had a motion filed requesting a review of custody... you can always file another motion.

However, if a motion was filed with the Clerk, it should be recorded and still be in the file. Whoever filed the motion (whichever party to the case) can file a Corrected Motion if they made an error in the original one, but the first one should still be on file with the Clerk and in the original court file. So, while technically, there could be a filing problem with the Clerk's office, it is really not that relevant to the decisions by the Court. The judge doesn't sign a motion. Judges sign Orders/Judgments (Final Order, Order of Modification, Final Judgment, Summary Judgement, etc). And with any order signed by the Judge, a copy of it is provided to each party (or their respective attorney). I am a little confused, because I just don't see how, even if someone DID do something improper, it is relevant to the review of custody. If your ex asked for the review, and no longer wants it but you do, then YOU file for it. Again, a "Motion" is simply the request.