Question Details: I have an ex parte order against my husband who I am in the process of divorcing. I am pro se, and his attorney filed a motion to require me to communicate with my husband directly regarding child visitation instead of using a neutral third party. I missed the court date because I was not served and was not aware of the motion. The attorney claimed he served me via ECF but only attorneys can access ECF, so I had no way of knowing this. I would like to request a hearing to ask the judge to set aside the order that we communicate directly, as it is a threat to me and I was not given proper service.
You make a motion: a motion is how you ask the court to do something in the course of a case. Just as your husband and his lawyer filed a motion regarding communication for child visitation, you would file a motion to have the order set aside, on the basis that, as a non-attorney without access to ECF, you never received notice of the motion.
You can look in the rules of court for how to file and support (i.e. the paperwork, documentatoin, etc. needed) a motion. Clearly though, it would be better for you to retain an attorney to help you--and not just with this motion: if your husband has a lawyer and you do not, you have put yourself at a significant disadvantage in your divorce.
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