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CA Divorce Court process?

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ereclean

Junior Member
What is the name of your state? California.
Once someone files for divorce, w/ children, the court sets two dates? One for mediation of child custody? If things are not settled, a recommendation from the FCS councelor is then submitted to the court and, I believe, sent to both parties and their attorneys? Is it required that each party must have ten days to review this recommendation before the court date (the second date set by the court when papers are filed)? If so, would the court not require this be done ten days before the scheduled court date?
I ask this because my court date is today; and yesterday, I found out it was necessary to file for a continuance because the recommendation was not received ten days prior. Two weeks ago, I attempted to go to the court and get a copy of this recommendation; it wasn't submitted. Last week, it had been submitted, sent out, but not obtainable, the clerk told me, until ten days after it was sent out. It was received by all parties on Thurs. FYI: it is in my favor. Now I must entail fees which will add up to hm...$350/hr, plus, plus, plus... since my atty will have to be at court to file for a continuance, hence a new court date, plus all the HOURLY wk... Why was a court dates set w/out enough time for all to comply? It seems quite a scam for attorneys to rack up fees?
 
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garrula lingua

Senior Member
It was/is common, in Southern CA to receive those reports on the day of the hearing.

The Commissioners are hoping you and other parent will come to an agreement (stipulation) regarding support, custody and visitation, in the court hallway after reading the report.
If you guys can't stipulate, then set the case for trial.

I don't see any harm in receiving the report late. If it had been received 10 days prior, you would have incurred atty fees regarding discussion. As the same discussion would occur at court, then your atty fees are approx the same.

Asking for a continuance is a waste of money. Use the opportunity to try to reach a stip at court, or set the case for trial & the Judge will decide the contested issues.
 

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