venue change

[sport22]

What are the steps for a change in venue? The scenerio is the decree was issued in June 2005 and an attempt to ammend was made in September 2005. The decree makes it very evident that judge leans toward the wife. This is in Lawrence County where everyone knows everyone else. Also, the wife's cousin worked for the judge at one time. The husband was an outsider with an out of town lawyer. A contempt of court complaint is still awaiting going to court (filed in August 2005) and other child visitation issues are pending. Can any of these facts support a change of venue? It seems evident to us the judge is partial to her family. Not to mention the decree looks as if a child wrote it due to the mistakes and vague statements. Please give me some insight into the rights of an outsider. Thanks!

[Lee Borden]

Check out how venue works for a post-divorce action in Alabama, at http://divorceinfo.com/blog/?p=270. My guess is that you're stuck with this court and this judge. Sorry.

[sport22]

Why aren't divorce and custody issues like criminal cases where if a judge knows someone involved they cannot take the case? In this instance it is obvious the judge has strong feelings for the defendant. It is really scary for my husband when the ex is threatening to have him put in jail by Judge Reich everytime you turn around. Although the contempt is bogus in our opinion, the judge seems like he does whatever they want. The decree is so vague both her attorney and his interpret it two different ways. I would love to send you the decree for your opinion. Do you ever read decrees and provide your opinion? (for a fee of course) We just feel at the mercy of the court!!

[Lee Borden]

Actually, I know and respect Judge Reich. With respect, I suggest that your husband set about complying with the court's decrees. He may find that's a far easier way to gain a listening and sympathetic ear from the court than attempting to move to a different court.

[sport22]

He has done everything in the decree. It is like you said in an earlier reply when I asked you about an IRA and you even said how unclear it was. Maybe you remember that posting when I said there is no amount owed but says return her IRA to her. The decree is filled with statements that can be interpreted in very different ways. I am sorry if you were offended by my comment but all I know is what I see in the decree- nothing that is clear. Maybe he didn't read what he was signing off on. If you did read it, I think you would agree it is a poorly written document.

[sport22]

I know you assummed my husband was trying to escape his neglectfulness by running to a different court. Let me be clear that he has paid every bill he was suppose to pay. His ex has filed a comtempt on him even though he has cancelled checks to prove he has paid it all. It is not fun being threatened with jail every other day by your ex especially when you are a good person who actually does care. You just don't know how many times he has heard "Judge Reich is going to ..." from her. She acts like he is in her back pocket. I just did not like you thinking my husband was some deadbeat looking for a way out. It is more like someone who suffered abuse for 10 years and is being punished for getting out. We just want what is fair.

[anniewalker]

Having been the Wicked Soon-To-Be-Ex Wife and then later the Wicked Ex Wife, let me offer some perspective:
1. Your hubby's ex appears to be a very angry person who is trying to intimidate your husband.  By the sounds of your post she is doing a great job of it.
2. Anyone can threaten anything they like.  I can threaten to have DHR come and take your kids away.  I can threaten to call the cops and have you arrested for dealing heroin.  His ex can threaten to have the judge hold him in contempt.  There has to be a legal basis for a contempt charge.  She is bullying him and he is buying into it.
3. Anyone can pretty much file anything they like.  I can sue you for emotional distress for posting on this board.  I can file against my ex for contempt because he made me meet him 1/2 way last Sunday an hour late when he was supposed to bring our child to my house.  Again, there has to be a legal basis AND the judge has to find merit in the charge.  She is bullying your husband and he is buying into it.
4. Getting you and him all worked up probably gives her some sense of joy or vindication or whatever.  Being all worked up in court paints him in a negative light with the judge.  Then it appears more things "go her way" or that the judge is biased towards her.  Don't buy into it. 

The best defense is to stay calm, stay rational, and don't get emotional.  Easier said then done, I agree.  Talk to your attorney, chart out a game plan and stick to it.  Taking any kind of legal advice regarding what to do, what the judge is going to do, and whatever is a bad idea.  Limit your conversations with her, it seems to only distract from the task at hand and make things way more complicated then they should be.  Which is what she wants!!!

[sport22]

The bad part is the conversations are taking place when he is ONLY trying to talk to his daughter. He calls her (she is 3 1/2) and the ex answers and starts all of her threats (in front of the child). He tries to have as little to do with her as possible. It does unnerve you to have someone making charges against you especially when they are not true. As for me, I have never even seen her much less anyother involvement. We live hours away and I am not a part of their interaction. I just want to be proactive (documenting everything) for him. Because I love him, I get upset to see him stressed out. You want to have faith in the system but we all know life doesn't always work out where the innocent party is rewarded. It does worry him to be threatened all the time. The contempt was filed in early August and we still don't know anything about it. It is the unknown that scares me. He is taking your advice though and meeting again with his attorney to stay focused on the plan. Do you have any experiences with contempts? 

[anniewalker]

My experience with contempt was DO NOT FILE IT UNLESS IT HAS MERIT.  I worked for an attorney and handled a lot of divorces and modifications right after I myself was divorced.  I thought I knew more than I did and I got too big for my britches a time or two.  I went Pro Se and did my own child support modification.  It went well because there was a big material change in circumstances.  Then I filed contempt against my ex for not paying support.  That went well, too because he hadn't been paying.  What did NOT go well was that he didn't have visitation (which was why he "said" he was not paying) so the judge just gave him visitation on the spot during the contempt hearing that I had filed and paid for - he paid nothing, didn't even have to reimburse me the filing fees.  That made me mad.  When we divorced he didn't go to Children Cope With Divorce so he was denied visitation.  By the time of the contempt hearing he had completed CCWD and was eligible to file a modification asking for visition, he just didn't - so I just didn't let him see our daughter.  The judge saw right through it.  Then he started picking her up late, bringing her back late, not showing at all, etc.  I kept a diary of all of that and then filed contempt again.  The judge pretty much told me to grow up and set an adult example for our daughter or a change in custody may be in order.  That made me pretty mad, too!!!  But after a few years and a lot of growing up and heaping servings of humble pie both me and my ex have grown up and we act like adults.  Me, him, and his wife all get along and our daughter seems to be well adjusted. 

I have been in the courtroom as an assistant to the attorney, the respondent and the petitioner.  My best advice to your hubby is to a) Pick your battles carefully and b) Always have a clear and reasonable game plan.  Most judges are good and fair people who want the least amount to do with your case and your drama.  They want the adults (the parties to the case and the attorneys) to iron everything out and come to a fair settlement so that they can sign it and go home and watch TV and have a beer.  To quote the very funny late Judge Thompson (Lauderdale County) "If you don't like my solution then don't make it my problem"!