Husband and I are taking BM to court to adjust her visitation and to get CS. We started this back in December 2011. Court got pushed from March to May because BM was having pregnancy issues and had to be on bed rest. Understandable. Unfortunately for her baby, she didn't mind the doctor's orders and went out with her friends, got life flighted to the ER, and had the baby a few days later.
Our temporary order court date JUST FOR HER rolls around and she doesn't show up. On top of that, she didn't let her lawyer know she wasn't coming till right before court. She claims she didn't have a ride. She previously told us she was offered a ride, but declined because she didn't want that person there. She has had months to plan for this. She did have time however to go out of town to have fun without her newborn and other child just a few days before though. Our lawyer said she would file for a final hearing because this is getting ridiculous... we just got a new temporary order date in the mail.
AGHHHH! H and I are annoyed. Hopefully we can get this changed to the final hearing because BM is already saying she isn't going to show. Not to mention she legally cannot have SS living with her due to restrictions on how many people can live in her home. Which makes this temporary order pointless!
Re: Court date moved... again.
You need to get her on voicemail, text, email or some concrete form of evidence stating that she's not coming to the next court date. If she's saying this in a flippant manner and effectively thumbing her nose at the court, that should be enough to at least put a bad taste in the judge's mouth and at best get her for contempt.
Good luck!
When she was texting my H about the impending new court date he said that the final would be set 45 days out, according to what our lawyer said. She told him she would not be there and that it would just be a temporary order hearing anyway. She still claims she has no way to get there.
She has no excuse to not show up, she lives 40 minutes away. Her mother offered to drive her last time and she refused. I know she doesn't want to ask anyone she is friends with now because she doesn't want them to sit in court and hear all of her dirty laundry aired. We have a HUGE binder that is packed full of text messages, facebook screen shots, and other condemning evidence. She wants custody, but never comes to get SS on her weekends. However, she does have time and money to take her other two children to McDonalds with her friends and go out of town without her kids to party.
GOOD NEWS:
I called our lawyer today to ask why we had another hearing for temporary orders, and she said that is was a misprint and that she would send out to have it modified to the final. SO HOORAY! Our final hearing is going to be set in stone soon, and because she has delayed twice already it shouldn't be able to be pushed back.