Can it still be possible to get a hearing for the dates that you will be out on Military Orders after filing proof to court ?
Question
I’m going through a relocation case with my first child, we got an original date for the hearing after mediation was impasse for November of this year and my ex wife filled a motion to expedite it because she wants to be able to leave July 30, well I will be out on Military Orders the dates that were given, I spoke with her attorney and let her know (since I received a letter from her asking me to contact her for the expedited dates given) she told me that either way the judge would decide. So the date given I will be out on orders but the November date doesn’t appear cancelled , I am a bit confused and just want to clarify if me leaving on orders for two weeks affects my case, or if the court respects Military orders?
Answer
Thank you for your service. The Court’s will only know if you are unavailable because of your military orders, if you file a motion, set it for hearing, and obtain a court order cancelling the court date for which you will not be able to attend. if you have an attorney ask them and they should be able to make sure the hearing is cancelled. if you don’t have an attorney you might need to hire one, since the other party is represented by an attorney. You can’t assume the other lawyer has your best interests at heart and that you just have to communicate with her lawyer. Best of luck.