Don’t skip filing, but get ex to pay fees

My ex took me back to court to change some aspects of our parenting agreement, including holidays. We had an investigation, did our discovery and started at trial. Our second trial day was in October and the third day is scheduled for January. When he learned he would not have a judgment in time for the holidays, my ex made a motion that I had to spend money to oppose. He asked to split the Thanksgiving break equally and to take our kids to his new wife’s family’s home in Colorado for the entire Christmas break this year. I opposed his motion. I don’t mind sharing Thanksgiving but am not willing to let our 7-, 9- and 12-yearold kids spend Christmas break away from me so he can take them skiing with his new wife. The judge ruled that he can take them to Colorado for the Thanksgiving break but gave me the whole Christmas break because my ex stated he was going to Colorado over Christmas regardless. My ex just filed another motion asking the judge to change her mind. How many times can he do this and force me to keep paying legal fees? There are rules that permit someone to seek clarification of or relief from an order or judgment of the court. This is done by filing papers with the judge citing Standing Order 2-99 and asking the judge to consider and rule on the motion without a court appearance. You are not allowed to schedule a hearing on this kind of motion without the judge’s prior approval. When a motion is filed under Standing Order 2-99, you have 10 days to serve your opposition, which can only be five pages long and must be signed under the pains and penalties of perjury. It is tempting to not spend more money having your attorney respond but also dangerous. Judges hear hundreds of cases each week. You cannot bank on the judge assigned to your case remembering what each party argued during the motion hearing if you do not respond in writing reminding her of your position. My advice — ask your lawyer to file an opposition that will essentially re-state the position you took at the time of the motion hearing, reminding her that your ex stated his travel plans would not change regardless of whether he was permitted to take the children. It should not be heavy lifting for your attorney to prepare. Your attorney should ask that your ex be ordered to pay your fees for what amounts to a repetitive request where nothing has changed but your ex’s displeasure with the outcome. The judge will likely be annoyed enough with him to make him pay your fees. After all, since he isn’t paying for three extra plane tickets over Christmas, surely he can use that money to pay your attorney.