Brilliant Moment

Ok, so my favorite client-- formerly a stripper- is back in Court with her crazy baby daddy. We have always been in Court in County A (and when I say always I mean 6 times in five years- started with a PFA), she now lives in County B and Baby Daddy lives in Fla. So, he gets a lawyer, and sues for expanded visitation 22 months after we were last in Court and had an agreement, which he hasn't stuck with but, whatever. Her uncle pays me and the checks never bounce :)

He, well, his attorney- sues in County B, asking for a Change of Venue. She admits that the Court in County A has handled this matter- I spend probably an hour drafting this very long and complex reply to the venue based on which source the Court used to derive its jurisdiction. This is complex because the Judges in County A have this view that they really don't have jurisdiction to determine child custody/visitation of non-married persons, unless the child is dependent or delinquent, because it doesn't actually give them that authority under the Juvenile Code (a very erudite and probably intellectually correct view). However, the Domestic code says that it applies to unmarried people and that whichever court the Circuit court appoints as the court to handle unmarried people and their visitation issues is the right court... Thus allowing some other District Courts to find authority for jurisdiction over this case in the Domestic Code which has different standards for jurisdiction, retaining jurisdiction and Venue... Thus, my objection had to address all possible legal ways the Judge wanted to view this. Plus, reality wise, the Judges in County A know they get the cases and they just like to make this argument. All that happens is that everyone pleads dependency or delinquency in order to get the case in front of a Judge.

(For non Lawyers: jurisdiction is the right of a particular type of Court to hear a particular type of case- certain cases in District Court, certain in City Court etc... Venue is which of those many Courts is the proper location for the hearing-- County A, County B etc...)

So, I'm going round and round and really getting into this motion... When WHAM!!!!!!

it hits me.


Yeah, you PETITION THE COURT WHERE JURISDICTION LIES FOR A CHANGE OF VENUE. SO, SINCE IT HAS BEEN BEFORE THIS COURT, HE HAS TO COME OVER HERE TO ASK MY COURT TO SEND IT OVER THERE ! THAT COURT NEVER HAD JURISDICTION, THEREFOR THEY LACK THE ABILITY TO RULE ON THE CHANGE OF VENUE.

Heheheehe. A short sweet motion using Honorable Court a lot (prudent when you tell a judge you don't know they can't do something) Ahhh, what a great day who you have a breakthrough like that!