[stinawords]

Here is where an attorney comes in handy. It is extremely hard for us to tell you what things mean when there are only bits and pieces of the entire document. Like if I wanted you to tell me the story of "A Tale of Two Cities" but only gave you fifteen pages from different parts of the book to read. I don't expect you to type in the entire document but for heaven's sake stop arguing that you are reading things right when you come and ask for help. I stand by what I said, based on what I have read of what you received, don't do anything until you clarify with the court tomorrow.

[choosinganangel]

notice of entry: a notice with an affidavit of service stating that the attached copy of an entered order or judgment has been served by a party on another party

[choosinganangel]

Depending on the relief sought, the judge’s decision may award a judgment to the winning party. When the winning party enters the judgment and serves a copy of the judgment with notice of entry on the losing party, this start’s the loser’s time to appeal running. To learn more, refer toServing Notice of Entry.

[ScottGem]

But you don't have a judgment. You have an order to show cause. Which, as I said initially, Says show up at this place and time and convince why I shouldn't put you n jail.

[ma0641]

Never seems to end does it?

[choosinganangel]

This thing sucks. I mean, how long should I have to wait for all this, cause I he should he should have never been able to take my child in the first place, and he's a most terrible parent. And person, and he's got no right to take me to court for custody ever being those things were already solved in the initial decree. They are still serving him... as if that town is real busy.

[ScottGem]

Did you talk to the judge's office? Can you recover your child or do you have to wait for a hearing? Did the show cause order include a date or time frame?

And, I have to say it, you waited 8 years to do this when it should have been done as soon as he took the child.

[stinawords]

I have to agree that this should have been taken care of eight years ago. It was the same process then as now. But now you have more explaining to do. That being said I am guessing you did talk to the judges office because you know he hasn't been served yet. Did they say anything about a hearing or going to get the child?

[stinawords]

But had it been reported right away charges could have been brought against him before you even went to court six months later. Of course hind sight is 20/20 but just something to keep in mind for the future. This was supposed to be included in my last reply but guess I deleted it out or something before posting.

[choosinganangel]

Oh trust me I know now. But like I said, I talked to DCFS(who were in my life) and told them what he did, just a few days after he did it, and they offered no help or anything... so yeah, being they are supposed to look out for the children's best interest, they sure did a crap of a job... and to not care about or tell me what to do... is even more trouble. Yes, I do have it all on record. They call these thing "minutes", their interpretation of all contact with anyone during the case. So let's see. I have proof he lied on the exparte request (legal docs), I have proof that he did not serve me, (order said he had to), I have proof the police told him no the same day and that they were requested to be "present" so he could get his kid from the bus stop, and I have proof that he had not called to get visitation (cause my hospital records are clear that I was not available to reach), I have proof that I demanded he return my child, in writing, cause when I answered all of his idiot claims in his "application for exparte" stated he immediately return the child, and of course the date on it, I have proof that there was never any motion submitted for a modification of custody, or affidavit, or hearing, or notice, all of his fake documents are proof he's a liar, and a kidnapper, and I have proof as to why I didn't think I could do anything, and that is, his orders were supposedly signed by the judge, so who was I to question them? And what more do I need? Oh and about reporting to the police thing... back then> is like this... the police were there when he took my child, so why would even think they would help?

I wish I could attach documents to this so I could show you what I mean.

[choosinganangel]

Oh and Scott, I'm not sure what you mean by time frame. It has a date set for hearing, and my motion says to immediately return the child to Me the Mother.

[stinawords]

A time frame is a set amount of time to comply. Then if not met, a hearing when the judge will make an order will take place. But, the hearing date is already set so make sure you are there so the judge can rule on the case. Did you ever ask the judge to clarify if you were being permitted to go get the child before the hearing? Your motion is attached so that everyone sees why the judge set a court date. A motion is a request not an order.

[ScottGem]

What stin said. ;)

[choosinganangel]

How can I attach the darn document? I know I have the motion which says to enforce the attached order, and in the (other) area(where it asks if there is anything else I want the court to do), I entered the immediate return of child to mother and deem his order as unenforceable.. . So because they are all attached together... does that mean the Order he signed, means (do what the attached order says now and appear so I can throw your butt under the bus) lol in so many terms? That's why I'm asking if now that the Order to Show Cause is signed... does that mean I can take it to the police up there and get them to assist me in retrieving my child? Cause if so, I'm gassing up and going before he gets served and takes off.

[talaniman]

NO, hold your horse, you still have to have a document from the judge for him to relinquish custody forthwith. The police cannot do anything with the motion you have. You need a signed court ORDER.

[ScottGem]

What you asked the court to do is different from what the court ordered. You can't expect the court to order everything you asked for. You need to get a copy of the court order and read what it says. Forget what motions you filed.

[choosinganangel]

Attachment 45654

[choosinganangel]

I had to take a picture guys... don't know how else to do it. Lol

[ScottGem]

That's fine. The order ONLY orders him to appear on April 10 and show cause why he shouldn't be held in contempt. The check boxes simply tell him what motions you have filed.

So no, you cannot use this to retrieve your child. You will have to wait until April 10 and see if he shows up. I would ask the judge to amend the order to require that he bring the child to the hearing. But I don't know if the judge will do that.

[stinawords]

As mentioned above (and I thought was explained before) your motion does not mean anything. I can come up with a motion that the last winner of the lottery owes me all of their money and send it off to the judge. A hearing could be scheduled for the last winner to show why they don't owe me everything under the sun and my motion will be attached to the paper telling us when the court date is. That too means nothing. When is the hearing scheduled for? What you need to do is SHOW UP AT THE HEARING. Anything before then you need to contact the judges office to ask for a clarification. So, I will ask again, did you do that?! If not no one on here is going to tell you to go get the kid. Again, only the ORDER is something that people have to abide by. MOTIONS are just a request.

You can also think of it as when you were a child yourself. You and your sibling were fighting over a purple stuffed elephant. You had to ask your parent to give you the elephant rather than your sibling. Not until your parent said you can have it, can you go into your siblings room to take the elephant. In your case you and the father are the siblings. The child is the purple stuffed elephant. The judge is the parent.

So, leave the car on E. The only thing ordered was to show up at the hearing. Like has been said over and over because of the very long time frame that you were inactive, this isn't an easy mess to clean up. Like instead of wiping up boiled over oatmeal off the stove right away waiting eight days for it to harden then you have to chisel it off.

Hopfully this helps at least a little.