Motion To Vacate - Washington State ???
Q: Someone was kind enough to email me and tell me that I need to file a Motion to Vacate in my child custody case within the next 30 days. I KNOW I need a lawyer, but right now I don't have one, so I am doing as much as I can on my own. If any of you have a copy of a Motion to Vacate that I can file in Washington State, please email it to me. I would like to file the motion on the grounds that assault charges were pending on my ex at the time the judge awarded her custody of my daughter and that that was not taken into consideration at the time of the decision. Also, my parents have relocated to this part of the country and my mother is willing to take care of my daughter and to help in any way. Would the courts look favorably upon this as opposed to my daughter living with my ex who has her in day care and, over the past two years, has had two different live-in boyfriends? So would that count as grounds for a "substantial change in circumstances"? I am grasping at straws here, folks. Any help appreciated. ANY help! I also want to thank everyone who has written thus far with offers and suggestions. You don't know how much I appreciate it!!!
A: -Do NOT tattempt to be your own lawyer, you will only cause more damage that will cost more and more to try to recover from, beg and or borrow the money from family and friends, and hire an attorney. There are several wannabe and or jailhouse lawyers who will advice you to do it on your own, you are grasping at straws by taking legal advice from usenet kooks, hire an attorney on monday. -I'm at appeal to the Court of Appeals in New York (the highest court in New York) for Bob Cheney right now. They claim that he does not have the right to appear for his own appeal, and that I, with complete Power of Attorney, do not have the right to argue his Interum Motion for Stay because I am not admitted to practice law in the State of New York. They say that they'll get around to his Appeal in writing in about 30 days, or two weeks after he's extradited on a Govenor's warrent that contains so many flaws that it's false on it's face. I pointed out to the clerk that she didn't have the right to making this decision, since the Rules of Procedure were very clear that a Justice was supposed to be controling the process, not the Court Attorney. She then hung up on me. She attempted to claim that I am engaged in Unauthorized Practice of Law. But I pointed out that I'm not getting paid for my efforts, and that I have Power Of Attorney, so by law, I am acting in his behalf. Bob has already named me as Council Of Choice, Next Friend and all that I've sought to do is ASSIST him in his efforts. It's quite clear that the legal profession is seeking to totally abridge his rights. They actually told me that they will not do an appeal for an man that is incarcerated. I think that when I talk with him next I'll point to him that he needs to then tell that he wishes to make the oral argument over the phone, and that they must supply him with a copy of the appeal, so that he is able to properly argue the appeal, and that he will argue it over the phone. There have been numerous cases where they have accepted oral arguments over the phone. But the entire process has already demonstrated to me that it is totally flawed. The argument from the State of New York is that they will appoint council. The Legal Aid society actually told Bob that he had no rights, and should just go along with the extradition. The Legal Aid Society was supposed to put a copy of an Order to Show Cause in front of Bob for him to sign, after he and I worked out the points along with Ron Webster, a guy that has been fighting off extraditions for the past 10 years as the head of a bail fund for a church in WoodStock, NY, and the Legal Aid Society Legal Assistant was unable to get Bob to sign the complaint page, instead having him sign the proof of service page. The next lawyer, appointed by the Appeals Court, that they attempted to force onto him was so incompetant as to be unable to hand me the file that said "Wilbur" on it, instead handing me another file. He has specifically stated that he will not do an appeal. So