District Court Juvenile Court

_Garfield__________________________________ County, Colorado Court Address: 109 8th street suite 104 Glenwood springs Colorado In re:

The Marriage of: Parental Responsibilities concerning:

Petitioner: Jane smith and Co-Petitioner/Respondent: John smith Attorney or Party Without Attorney (Name and Address): John Smith Phone Number: 555-555-5555 FAX Number: E-mail: Atty. Reg. #:

COURT USE ONLY Case Number:

Division

Courtroom

RESPONSE TO MOTION FOR: MODIFY PARENTING PLAN

I am the Petitioner Co-Petitioner/Respondent in this action. I am requesting that: Case be dismissed from this court of record for failure to state a claim upon which relieve can be granted. My reasons are: 1) Claimant has failed to state a claim upon which relief can be granted. No justicable controversy has been presented into the court of record. 2) No forseeable benefit can be derived from the proposed action at law. The claimant wishes to impose unreasonable conditions on the defendant/counter-claimant with not reason for that force. 3) The elements of a cause of action are clearly missing. The defendant cannot confirm or deny the existance of the elements as they have not been iledged. No facts have been established or eledged that could prove a damage or it's possible remedy. 4) The existance of damages has not been proposed. Where no controversy exists in an adversarial court, the claimant lacks standing, and the court is void of subject matter jurisdiction. Where jusrisdiction is lacking, the court has no authority to act. All judgments shall be void ab initio. 5) An existing lawful contract ruled by a duly sworn magistrate be prudent and in the best interest of the parties involved is still in effect. No conditions in any of the parties lives, or statutes, ordinances or bylaws have changed in such a way as to affect the existing contract. No president changing appellate court rulings, or supreme courts of either the State of Colorado, or The federal courts of the United States are known to have changed the way contracts are considered valid, or reshape how courts affect family matters or property rights. The defendant/counter-claimant asserts his rights based on those grounds. The defendant/counter-claimant asserts his original jurisdiction over the matter at law.

JDF 1315

R7/00

RESPONSE TO MOTION FOR __________________________

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Conclusion: Considering all matters brought up concerning the of failure to state a claim, the best interest Yarrow Smith, the missing elements of a cause of action, the lack of controversy including lack of subject matter jurisdiction, the preexisting contract lawfully created, the court should dismiss this frivolous complaint with prejudice. This is the third time the parties involved have been pulled into this very same court for the same issue to be ruled upon yet again. The court's time and resources are better served for the public at large litigating other matters where valid controversies exist. Furthermore, the relief sought by the defendant's counterclaim is for an injunction preventing Jane Smith from filing any more frivolous court claims that have no merit. It is the belief of this litigant that they are done out of malice aforethought which constitutes an abuse of the courts authority and misuse of backlogged dockets. respecfully

Date:

Petitioner or Co-Petitioner/Respondent
Address City, State, Zip Code (Area Code) Telephone Number (home and work)

CERTIFICATE OF SERVICE
I certify that on ________________________ (date) the original was filed with the Court and a true and accurate copy of this RESPONSE TO MOTION FOR was served on the other party by: Hand Delivery, E-filed, Faxed to this number: ___________________, or by placing it in the United States mail, postage pre-paid, and addressed to the following: To: _______________________________________ _______________________________________ _______________________________________ ______________________________________ Your signature

JDF 1315

R7/00

RESPONSE TO MOTION FOR __________________________

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