[gerogiamom]

I've been involved with a long custody battle in Alabama. Last Sept, I was awarded full custody of my 2 minor children. We have lived in Georgia for over a year. My ex husband filed a motion during the summer in Alabama asking for a new hearing. The allocations were served to my old address which I found out later. The new Judge set a hearing date on Aug 20th for Sept 2: which I was never notified of. Since, wasn't there my ex was awarded custody. He came to Georgia under the impression of exercising his weekend visitation and took our girls back to Alabama. I learned of this order via the police.
What can be done if anything about neither the court nor the attorney's notified me of a hearing date?. I represented myself in the last hearing and my current address was updated and on file with the circuit clerk's office in Alabama.

[ScottGem]

If you can prove that your address was known to both your ex and the court, then you should file to vacate the last custody order on the grounds that you were never served notice of the hearing. It would appear that Alabama still has jurisdiction, but the question of proper service is the issue. As long as they can't prove you were served, the order should be vacated with the children returned pending a new hearing.

[Fr_Chuck]

Agree motion to vacate last verdict because o improper service, and that the ordinal order be reinstated.

If you can also prove, the ex was aware of the new address.