Legal Question in Family Law in California
Attorneys Roach and Michael Hulshof
I made a motion to vacate, and i cited a particular rule of court, now the adverse party's attorney claims that I cited the incorrect law and it must be dropped. Is there anything I can do in court to change it? Like can I go into court and cite a different rule or law, and amend what rule I quoted in my pleading verbally in open court?
You both replied, I made the motion based on new discovered evidence of Mediator failing to disclose conflicts of interests which she has since recused without stating why. Her supervisor phoned me to inform me she recused based on conflicts of interests. This was the only reasons she supplied. But I know now, that it is because she knew my ex all along and even before the case began and took my case to harm me for him. I have a ton of witnesses and evidence, now I am attempting to vacate all orders which she participated in and any later orders placed based on her prior participated in orders. I made a points of authorities and cited in err 1286.2 in place of citing 5.210 (h) (10) + (12) and 170. i forgot the other 170.? plain and simple i got confused and filed the wrong draft.
As far as them making me pay, good luck, because of this case I devote all my time to it, I cannot function without my son, and have not been able to obtain any stable work environment. Thus I have not worked in 5 years and live with family.
I also just found out that his mothers best friends husband who has known him his whole life, and lived behind him in my town in the house on the other side of the fence, heard and saw abuse personally, through the back yard fense often while my ex and son lived on the other side. They were disgusted by my ex calling my son "Girl" and "Dummy" and other bad things and frequently heard the spankings and the tears for a few years when he lived there. They are sad about this being so close to the family but have confirmed it is very similar to how he grew up as a child. They thought it was a repeat of his childhood.
2 Answers from Attorneys
A mediator does not make orders. Any orders were made by the judge or by the parties entering into a stipulation. A mediator is simply a third party who is supposed to help the parties resolve the case on their own without court intervention.
Also, my first name is Anthony, not attorney or mister.
The mediator can't make an order.
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