Dependency Court Motion Guide

Summary

In Dependency Court, you can file a Motion to Dismiss based on lack of evidence, due process violations, and religious beliefs. Start by identifying the grounds for dismissal, such as insufficient evidence or denial of fair representation. Draft the motion with a clear title, introduction, and detailed sections on each ground, supported by facts and legal precedents. Conclude with a request for dismissal and include a certificate of service. Representing yourself, known as sui juris, requires understanding court rules and procedures. Consider consulting a family law attorney for guidance.

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I'm fighting for my daughter's age 2and * in Dependency Court and it's been 2 years. I've been through * trial attorneys and not one has provided evidence on my behalf nor have they let me testify. I'm not allowed to file anything or even be heard in court? This last hearing I tried firing my attorney and the judge denied me. I've wrote letters to the Judicial council, the bar, and I am a child of Jehovah God. I am not of this world and am not apart of the government. What do I say in court to put these kidnappers in there place and get my daughter's back?
Charlene, I'm really sorry to hear about your situation. It sounds incredibly difficult.
To address your concerns:
- Ensure you document all interactions with your attorneys.
- You might consider filing a complaint with your state bar association about your legal representation.
- For immediate assistance, you could consult with a family law attorney experienced in dependency cases.
Would you like information on how to find such an attorney in your area?
I've tried. I need to know how to do this myself
Charlene, you can represent yourself in court, known as "pro se" representation. Here are some general steps:
- Research dependency court rules and procedures in your state.
- Gather and organize all relevant documents and evidence.
- Prepare a statement outlining your case and why your children should be returned to you.
- File necessary motions and responses with the court.
Would you like more detailed information on any of these steps?
Sui juris
Charlene, representing yourself can be challenging but is possible. Here are some key steps:
- Research: Understand the dependency court rules in your state.
- Prepare: Organize evidence and prepare your statement.
- File: Submit necessary motions and responses.
Would you like more detailed information on any specific step?
What can I file as sui juris appearing by special apperance
Charlene, you can file the following as sui juris (representing yourself) appearing by special appearance:
- Motion to Dismiss: Challenge the court's jurisdiction over you or the case.
- Motion for Reconsideration: Ask the court to reconsider a previous ruling.
- Motion to Compel: Request the court to require the other party to provide evidence or comply with procedures.
Would you like more details on any of these motions or help with another aspect of your case?
Motion to dismiss
Charlene, to file a Motion to Dismiss in Dependency Court, here are some general steps to follow:
- Identify Grounds: Determine the legal basis for your motion (e.g., lack of jurisdiction).
- Draft the Motion: Clearly state your reasons and include relevant laws or precedents.
- File the Motion: Submit it to the court and serve a copy to the opposing party.
Would you like more detailed instructions on drafting the motion?
Yes
Charlene, here are more detailed instructions on drafting a Motion to Dismiss:
- Title and Introduction: Start with the title "Motion to Dismiss" and briefly introduce yourself and your case.
- Grounds for Dismissal: Clearly state the legal reasons for requesting dismissal (e.g., lack of jurisdiction).
- Supporting Facts and Laws: Provide relevant facts and cite laws or precedents that support your motion.
- Conclusion: Conclude with a request for the court to dismiss the case and any other relief you seek.
- Signature and Date: Sign and date the motion.
- Certificate of Service: Include a section stating that you have served a copy to the opposing party.
Would you like more information on any of these sections?
Can you give me and example of a motion to dismiss based off lack of evidence, violation of due process rights and the fact that I am one of Jehovah's witnesses and do not participate in any government and live by God's laws.
Certainly, Charlene. Below is a sample format for a Motion to Dismiss based on lack of evidence, violation of due process rights, and your religious beliefs:
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Motion to Dismiss
Introduction
I, ****[Last Name], am the mother of [Daughter's Names] and am representing myself in this Dependency Court case. I respectfully move this court to dismiss the case on the following grounds:
Grounds for Dismissal
*. Lack of Evidence:
- The prosecution has failed to provide sufficient evidence to support the allegations against me.
- Over the past two years, no concrete evidence has been presented to justify the continued removal of my daughters from my care.

*. Violation of Due Process Rights:
- I have been denied the opportunity to testify and present evidence in my defense.
- My request to change my attorney was denied, further infringing on my right to fair representation.
*. Religious Beliefs:
- As a Jehovah's Witness, I live by God's laws and do not participate in government matters.
- My religious beliefs and practices should be respected and not serve as a basis for discrimination or bias in this case.
Supporting Facts- Despite repeated requests, none of my seven trial attorneys have presented evidence on my behalf.
- I have been consistently denied the opportunity to file motions or be heard in court.
- My religious beliefs as one of Jehovah's Witnesses should be acknowledged and respected within the framework of the law.