In response to the notification from the tribunal, I immediately called the tribunal and told them that I wanted the Rota to handle the second instance. I followed up a few days later with a certified letter.
A few days later I received a letter from the first instance court stating that I had a choice of either the Rota or the local second instance tribunal handle the case. Initially this struck me as good news, but then I realized it never said anything which reflected that the case was not being sent to the second instance court.
I called the second instance court and my file was sitting on their desk! My case never should have reached their desk in the first place!
I called this tribunal and let them know of my intent. I was told that I would have to give testimony, and then a three judge panel would hear the case, and then they would determine if it would go to the Rota or not. It was simply a sly way of telling me that I had to have the second instance handled locally without actually saying so.
I immediately sent a certified letter to this other tribunal letting them know my intent to have the Rota handle the second instance. (One has 15 days one has to respond to the notification of first instance.)
A few weeks later I listen to a voicemail from the Judicial Vicar of the local second instance tribunal:
“We have to talk about your wish to have the Rota handle the second instance. The Rota is really for third instances, second instances are really for the heads of State, and there are costs involved…”
I was flabbergasted at having a Monsignor tell me a lie. Second instance tribunals ARE NOT for heads of state! He was going to do and say everything he could to discourage my wish to let the Rota handle the second appeal, as reflected by this misinformation in his voicemail.
I left him a voicemail restating my intent, that this was a right I intended to exercise, and that he respect my decision and refrain from trying to talk me out of it.
I received a voicemail the next morning stating that “the case will be remanded back to the first instance court and they will give you the paperwork to forward the case to the Rota.”
Contrary to what others may tell you, my experience is not isolated. When people try to exercise the right to have the Rota handle the second instance, they are often told that the process could take ten years, that it costs thousands of dollars (it doesn’t), and that they can only appeal the third instance to the Rota if they have new evidence.
My sympathies are with you - this must be a very difficult process.
Again, not being catholic, I have no say in the matter, but it would appear to me that the catholic church should have firm and unalterable standards for annulment. It should not matter who the individual is or how much money the person could or does contriubte to the catholic church should have no bearing upon the decision.
One point that would and should be a block to any annulment is children. The church simply should not be able to say a marriage never took place if the couple had children. That is the same as saying the children do not exist.
Ping.
I'm sorry you are having problems. I have been through the annulment process. I have no complaints and it did not cost much.
Why not just let it go? It's possible you might desire marriage with another in the future.
SD
Anulment thread ping: Anulment fighting for dummies...
http://www.freerepublic.com/focus/f-news/1337500/posts