What is wrong with this Laravel 5 response?

What happens if a response isn't filed to a 'Order to Show Cause' for change in custody?

  • My husband took his daughter's mom to court ex-parte to request temporary custody after his 4 year old daughter told him that she rides in the car on a pillow between the two front seats of the car when she travels with her mom because all the other seats are full. The mom just gave birth to another child, has no job or means of supporting either child and is living in a one bedroom apartment shared by eight people. The mom wasn't able to make it to the ex-parte hearing so the judge said for us to serve her with the order and requested that we come back on Dec. 4th. On Dec. 4th, we went to court and the mom didn't have a translator, couldn't afford a translator, didn't qualify for a fee waiver because three of the eight people in the house are working adults and the court looks at 'household income' and she hadn't filed a response. The judge told us all to come back on Dec. 12th and told her to get a translator and file a response. On January 12th, we were back in court. She hadn't filed a respone and didn't have a translator. We hired a translator for her because at that point we were just tired of all the delay and wanted to expedite things to hopefully get this child into a better environment. The judge told her she had until Dec. 22 to serve a response and for us to come back on Jan. 9th. It's Dec. 22nd and so far, we haven't seen a response. So what happens if she doesn't file a response again? Will the judge give her a fourth chance to file a response and postpone the trial again?? Or at some point with the judge say 'you had multiple chances to file a response and chose not to so I can only assume that you don't disagree with the order that was served to you' and proceed with the trial???

  • Answer:

    By now you should have obtained the services of an attorney. You are being given the run around by a judge who should have entered a default judgment on your behalf when she failed to appear on the first hearing. Your attorney will be able to file for a summary judgment based on the facts before the court. So far, the court only has your facts, so they should be all that is considered.

mandilu at Yahoo! Answers Visit the source

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