Legal Question in Family Law in Maryland

Opening custody case for review

I would like to reopen a custody case originally decided in 1989. I believe, and have alot of evidence, to prove that procedures weren't followed and that custody was taken from me illegally. I don't want any damages and I have already had custody returned to me; I simply want the record to show that what was done was wrong. Can I file a motion, on my own, to reopen this case? Can I file even if the only judges available are ones who, I claim, made fraudulant rulings in the original case?


Asked on 10/05/00, 1:50 pm

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Opening custody case for review

A judgment, whether it is in a custody case or any other civil action, can be revised only on very limited grounds after thirty days past the date on which the judgment is enrolled. A re-opening to revise a judgment based on a clerical error can happen at any time. A judgment can be reopened at any time, on certain narrow grounds, so long as the person seeking to reopen the judgment has not, in the eyes of the court, sat on his rights for too long a time. The narrow grounds for reopening are fraud, mistake, and irregularity. The fraud can not be "intrinsic" fraud, or in other words fraudulent documents or other evidence, perjured testimony, or other frauds intrinsic to the trial. It must be "extrinsic" fraud. The mistake must be a jurisdictional mistake, where the court had no real power to enter the judgment. Irregularity must be an irregularity of process or procedure, the failure of the court to do something which should be done, such as serving notice on a party. Even in cases where these grounds are present, the court may refuse to reopen a case if too much time has passed after the party who wants to reopen has knowledge of the fraud, mistake or irregularity.

I would advise you to enjoy the recovery of custody and not spend your money, time, and energy on trying to reopen the case.

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Answered on 11/03/00, 3:08 pm


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