In Dec. of 2005 My ex husband took me to court claiming I refused to grant his 1 week visitation over the 2 week Christmas break. This was completely untrue. I had emails between my ex and I in which I offered him either of the 2 weeks, listing specific dates for each week. There were emails from him choosing the week and showing we were in agreement on the dates. The only problem we were having was the time of day he was planning on returning them. He lives in Minnesota and wanted to drive them from there back to Denver, CO on New Years Eve. I simply asked him if he could make sure they got in early enough to beat the drunk driving traffic.
He then petitioned the court for an emergency hearing. We had a telephone conference with our attorneys and Judge Rice. Judge Rice was rude and sounded irritated right from the start. She asked if we were able to come to an agreement without her having to make a judgement, which of course we could not. I tried to explain what my issue was and that his allegations were false, but she cut me off. She then ruled that he could bring them back at whatever time he wanted.
Then my ex surprised me yet again and asked the Judge if he could have both weeks for makeup time from the previous summer. She ruled again in his favor. I had to miss out on my christmas time with my children.
It was as if she never looked at any of the emails we filed as evidence. She would not let me speak on my own behalf. My attorney informed me a few days later that she had been pulled out of her office Christmas party to hear our case.
Now, I have been served with papers from Judge Rice ordering me to pay $3000 for HIS attorneys fees from this hearing. I was never notified that this type of order was even being filed. When I spoke to a court clerk about this, they told me I only had 45 days to appeal this decision, but it would have to have been done 45 days from the date his attorney originally filed it with the court. Again, I was never notified, so I can't appeal.
Just about every time I have had to go up in front of Judge Rice she has been rude, sarcastic and just plain mean. She has threatened on numerous occasions that if she had to rule on an issue, she would make sure that neither my ex or myself would be happy with her decision. I realize she sees tons of cases where both parties are being petty and ridiculous, but she must handle each case based on the facts of that case.
My ex husband has always been the one to file against me, always under false pretenses. He has disobeyed her direct orders on several occasions. One christmas, he requested an emergency hearing,once again saying I refused to let him see the kids. Judge Rice asked him if he planned on driving the kids home on New Years Eve "one of the deadliest nights of the year" (her words exactly). When he said yes, she ordered him to have the kids back NO LATER than Dec 30th. He brought them back on Jan 2 instead. I reported this to Judge Rice and she did nothing.
Tell me how it makes any sense that one year she feels that it is too dangerous to drive on new years eve and a year or two later she could't care less about it.
I feel she has been unfair from the beginning. It doesn't seem like she reviews the evidence in a case before she rules on it.
I really need help!!!!! I have since been remarried and had another child. My husband is a freelance writer and I am currently unemployed. We are supporting 3 kids and doing good just to get by. I can't afford to pay for my own attorney, let alone his. He pays a mere $200 a month in child support for 2 boys. He has no other children, doesn't pay rent, and basically lives off his girlfriend and family.
I need advice on how I can get this decision reversed and how I can ensure that I never have to go up in front of Judge Rice again.
Liane
Craig, Colorado
U.S.A.