Question I need help with.

Last week I got in touch with the WI court person and asked to schedule a hearing on account that no one has made any attempts to get the case moved to ND. We got letters in the mail yesterday summoning us to court for that reason, and since the judge put his john hancock on it, I assume he also has no knowledge of anyone doing anything. I think he also got my letter about visitation this summer since he added we will determine interm placement at that time.

BUT...

I just got an email from my ex's lawyer, He says that he filed my original motion, the temp order, and what ever other certified documents with the cass county court house in ND. No one, including the judge has any knowledge of this. We already have a court hearing scheduled for next Friday. Now just because what ever papers he filed, does that mean that I have to go through ND? Like I said, not even the Judge in WI knew of anything, as he says in his letter and summons.

And doesn't somone have to let me know, being pro-se, about this? If ND accepted the case, wouldn't they contact the WI Judge handling the case? Just because papers are of file there does it mean ND has accepted the case?

I am not sure what to tell you, but if it was myself in that situation I would be wondering why my ex's attorney E MAILED me instead of sending a certified letter.

I am not sure what to tell you, but if it was myself in that situation I would be wondering why my ex's attorney E MAILED me instead of sending a certified letter.


Well I was told that if the court in WI hasn't hear anything of papers being filed, then ND hasn't accepted the case and is why they have not asked for jurisdiction. So I don't think I have to worry, I will just go to court friday in WI like scheduled.

?divorce?child custody? jurisdiction in civil cases is where the children live. I don't know what the residency requirement for either Wisconson or N. Dakota is, but it wouldn't be a surprise to me that either court were aware of the other's involvement. ND may not have jurisdiction? On the other hand, regardless of whether they do or don't, anyone filing a civil motion (such as divorce, custody) is required to notify the defendant or defendant's counsel or show due diligence in doing so. Obviously they can reach you be email, so I don't see how they can argue they couldn't find you to provide copies of any motions they have filed in another jurisdiction in order for you to respond. Your ex- would, in the motion, have to sign an affadavit (or his attorney) attesting to the fact that the court has jurisdiction....at least that is page one of my divorce papers and custody orders.....

?divorce?child custody? jurisdiction in civil cases is where the children live. I don't know what the residency requirement for either Wisconson or N. Dakota is, but it wouldn't be a surprise to me that either court were aware of the other's involvement. ND may not have jurisdiction? On the other hand, regardless of whether they do or don't, anyone filing a civil motion (such as divorce, custody) is required to notify the defendant or defendant's counsel or show due diligence in doing so. Obviously they can reach you be email, so I don't see how they can argue they couldn't find you to provide copies of any motions they have filed in another jurisdiction in order for you to respond. Your ex- would, in the motion, have to sign an affadavit (or his attorney) attesting to the fact that the court has jurisdiction....at least that is page one of my divorce papers and custody orders.....
Mmmmm, but WI has jurisdiction, and ND would have to petition WI to release jurisdiction, and WI would have to consent. As the WI court had no information, and no idea that any of this was going on, then WI has obviously not granted a request to release jurisdiction. Tina, let us know what happens Friday.

yep, yep, sounds like it m4, see what WI judge sez and go from there...nothing in your note (tina) suggests you have any obligation or need to respond to said email and, presumably, they have every obligation to show up Friday in WI, which is not to say they won't try to postpone it or some other such thing....

yep, yep, sounds like it m4, see what WI judge sez and go from there...nothing in your note (tina) suggests you have any obligation or need to respond to said email and, presumably, they have every obligation to show up Friday in WI, which is not to say they won't try to postpone it or some other such thing....
Akbuyer, normally you would be correct in that the case is usually where the children are. But in this unusual case, it was in WI, and ND never obtained jurisdiction for whatever reason.

Tina, it may be that the attorney will bring a motion to move jurisdiction to ND at your hearing. Keep in mind that WI does not have to release it, just want you to be prepared. This is the only thing I can think of as to why his atty would inform you that he had filed papers in ND.

Akbuyer, normally you would be correct in that the case is usually where the children are. But in this unusual case, it was in WI, and ND never obtained jurisdiction for whatever reason.

Tina, it may be that the attorney will bring a motion to move jurisdiction to ND at your hearing. Keep in mind that WI does not have to release it, just want you to be prepared. This is the only thing I can think of as to why his atty would inform you that he had filed papers in ND.

All his lawyer did was file papers. he says he is going to scan and email them to me. To be exact he said the original motion, judgment (he thinks the case was ajourned or dismissed)and any other papers pertaining to the case were put on file with the cass county courts.

I have every intention on friday to bring up the previous friday, and if they try to postpone the hearing, ask that it is not delayed any further based on the saftety of the children is a concern.