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Fairymagic

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  1. unbelievable!!!! I am going through the same thing. I am mother of a 2 yr old girl. Here father and I started the divorce process over a year ago. Recently the court voided the case because the father bounced the check for the filing fee. The day after the court voided the case in California, he filed in Hawaii, which changed the jurisdiction of the case. Here is the thing, we have visitation order established in California. So no he can not change jurisdiction because of the visitation order which is still active. So no you can not keep your kids against the order or you could be held in contempt. And it will look negative on you when you do it the correct way. You can however file an exparte motion if the child is at risk for abuse and do it in Hawaii. You MUST file to change the order in California because that is where the child lives and that is where the order was first established. I do understand the money issue, but if you can pick up hours somewhere to save up to handle your business here in California, it is worth it. I would go to the help resource center at the court house to see what your options are. I am not an attorney....just a mother that is going through sorta the same thing and have been doing a lot of research. Ultimately you have to sacrifice to do what is in the best interest of the child.
  2. Does anyone know where I can find the District Court Rules of Civil Procedure for Hawaii? On the Motion to Dismiss form it ask for the Rule. The violations that I am concerned with are: 1.Filed for divorce prior to establishing residency 2.I was served copies of the stamped copies. Not the actual certified copy. Any help is greatly appreciated.
  3. Thanks for brining up the residency requirements...No he filed 9 days before the 180 day mark. So I plan on filing a motion to dismiss. But I am having a hard time finding the District Court Rules of Civil Procedure rule that is required for the Motion.....any luck you know where I can find that? Thanks again for your response!!!
  4. I was served on Thursday and it was filed on Thursday....Thank you for bringing that up. I was served with copies or the stamped copies. Not the certified copies. So my plan is to file a motion to dismiss. Then file in California once I am able to. Because I was served with copies and because he has not met the residency policy, do you think that I would be allowed to file in California before I take care of that? I don't want to do anything incorrectly or dishonest. Thanks again for your response! I am having a hard time finding the District Court Rules of Civil Procedure...Any chance you know how I can find those for Hawaii?
  5. I said "he voided the original" not voiced. I did call the clerk today and they said that the court voided the case for dissolution. Apparently, his check bounced and he did not pay the filing fee. I do have a few more questions. Can you recommend a place for me to find the District Court Rules of Civil Procedure for Hawaii? I would like to file a Motion to Dismiss and the form asked for the rule. 1.I am looking for being served incorrectly-(I was not served with certified copies) I was served with copies of the stamped copies. 2.THANK YOU!!! I checked the residency policy for Hawaii and he has not lived there long enough to file. So I am also looking for the ruling for that as well. Thanks again for your responses
  6. Over a year ago my husband filled for divorce. He has not returned any of the documents requested in this time. In February he moved to Hawaii. I was just served with Divorce paperwork from Hawaii. I looked up my California divorce and he voided the original yesterday and filed today for Divorce in Hawaii. Can this be done?
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