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Order To Show Cause

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Epona

Junior Member
What is the name of your state (only U.S. law)? Califronia

Hello my fellow stressed out parents. I am new to the BB and wanted share a bit about my situation.

I was a silly niave woman that trusted way to much and I can take the knocks for it, but I am past that and on to fixing these issues. I want to change the Possession and Access clause in my order due to it being vauge. Really the only thing it say is that "the parents are to come to a mutual agreement on the times of visitation" and that is a quote. And it did work out when we lived in the same town, but now that he lives in Cali its not working out so well.

We have joint custody, but my child lives with his father. That is not due to him being removed from my custody, but a mutual agreement between him and I.

I wanted to change the clause to six weeks every summer due to the father abruptly moving away to California. I also wanted every other holiday and I also agreed to pay for child coming and going. He has locked down. He will not take my phone calls and I have not taked with my child in weeks.

Since I am poor I have printed out all of the paper work to file an OSC Pro Se, but am getting a lot negative responses to this. My friends and family say that if I do that I run the risk of taking an even bigger loss, but at this point I have nothing to lose. I already can not see or talk to my child.

Anyone know of any reasonabily priced lawyers in Orange County California?
Is six weeks every summer a lot to ask?
Can my ex be held in contempt for sending our child off to a camp/even for a week or more without notifying me?
Can he be held in contempt for not telling me child has changed schools and never even told the school he had a mother?
Can he be held in contempt for not letting me talk to child on the phone?
Can I put a stop to him putting our child in programs during the summer that prevent me from being able to have my visitations?
Does he even have the right to sign our child up for camp and other extracurricular activities without my consent aswell?

I am thinking about calling the school priciple into court to testify that "she was never told that my child had a mother to speak of" as quoted by her. I also have an email from her saying what a surpise it was to find out child had a mother. I also had to call six catholic schools in childs county before I found the school child was actually attending. I told the school I wanted his report cards and wanted to know of any issues he was having in school. I asked to have parent teacher meeting over the phone, but I keep getting the cold shoulder from them. I have been working very hard at playing an active role in my childs life.

I called his doctor to talk to him about my childs health and he did not even know I was my childs mother, he thought it was the woman that took child to the doctor. Then the doctor so conviently forgot how to speak english and would not speak to me at all after that. I am trying, but hitting walls around every corner and it is so very frustrating. So I would like to call him into court as well because I am sure he has not documantation of my exsistance.

Would calling these two people into court help my case?

I do not owe back child support. I know that has no affect on thigs, but I see that question being asked on other threads. Just wanted to cover it. I hope this was enough info to get some answers. If you need more info just ask.
 
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Ohiogal

Queen Bee
First things first -- dad moved to Cali after the court orders. So what court made the orders? Where do you live?
 

Epona

Junior Member
Father moved from Texas to Cali. Venue has been changed from Texas to Cali. Order is considered California Order now due to venue change. I moved out of Texas to Michigan for school. Texas is out of the picture as far as I know.

I thought I should add that I have since married. He is not involved in my case and I have supplied backgroud checks to my ex per my order. Just incase you need that info.
 

Ohiogal

Queen Bee
Father moved from Texas to Cali. Venue has been changed to Cali. Order is considered California Order now due to venue change. I moved out of Texas to Michigan for school. Texas is out of the picture as far as I know.

I thought I should add that I have since married. He is not involved in my case and I have supplied backgroud checks to my ex per my order. Just incase you need that info.
That was important to know about the states. Okay, California has a self help section in most courthouses, they can provide you with forms and some help. Try calling the county courthouse. Also CourtClerk works in Domestic in Cali. Wait for her to wake up and answer.
 

Epona

Junior Member
That was important to know about the states. Okay, California has a self help section in most courthouses, they can provide you with forms and some help. Try calling the county courthouse. Also CourtClerk works in Domestic in Cali. Wait for her to wake up and answer.

That is cool Ohiogal. I have all of this paper work filled out but have no real idea of how I should file it or what I send where or to whom I send what to. All very confusing stuff, but I think I got the right papers. Now I need to find a way to serve him. I am working at this.
 

Ohiogal

Queen Bee
That is cool Ohiogal. I have all of this paper work filled out but have no real idea of how I should file it or what I send where or to whom I send what to. All very confusing stuff, but I think I got the right papers. Now I need to find a way to serve him. I am working at this.
Read California's Rules of Civil Procedure as well the local rules -- Google to find them.
 

mmmagique

Member
Since dad (presumably) moved first (although you also moved) I would not offer to pay 100% expenses.
I would ask for the father to pay it, and be very satisfied with a 50/50 split.

Good luck.
 

Epona

Junior Member
Since dad (presumably) moved first (although you also moved) I would not offer to pay 100% expenses.
I would ask for the father to pay it, and be very satisfied with a 50/50 split.

Good luck.
Will take that fact into consideration and thank you for pointing that out. Honestly I think I am bending over backwards on most of this because I want to make it easy on my child for the most part and I would just like to see my child this summer. Thanks again.
 

Epona

Junior Member
I have some good news, I have found a lawyer that will take my case and is willing to negotiate the retainer. I got a reasonable retainer and I think I am gonna pick him, but before I do that is there any way of know what his track record is? I do recall my father getting some paper work from a lawyer he was thinking about hiring that showed the lawyers ratio of lose/wins. Maybe that is just criminal lawyers. Never be afraind to negotiate the cost of service with a lawyer. I have been doing that for a while now and it may have paid off.
 

Ohiogal

Queen Bee
I have some good news, I have found a lawyer that will take my case and is willing to negotiate the retainer. I got a reasonable retainer and I think I am gonna pick him, but before I do that is there any way of know what his track record is? I do recall my father getting some paper work from a lawyer he was thinking about hiring that showed the lawyers ratio of lose/wins. Maybe that is just criminal lawyers. Never be afraind to negotiate the cost of service with a lawyer. I have been doing that for a while now and it may have paid off.
Lose/wins in family court? That is not what you want to know. you want to know about disciplinary action and years in practice and if he is a specialist or confines his practice to family law.
 

Epona

Junior Member
Now they want to take child out of the country

I got to talk to my son yesterday for the first time in weeks. But before I could do that his Aunt just had to discuss something with me.

It seems my childs teacher has been talking to my childs Aunt about me contacting her for report cards. Now the Aunt wants me to call her house when I want anything pretaining to my childs education. She said she does not want the teahers to know about us not getting along. I told her she would have to take that before a judge and order it.

Here is the kicker!

The the woman had the guts to say that she would let my child come out for the summer in June, but she wants me to put it in writing that the child can go see reletives in Asia in April. Is she out of her freaking mind!

This woman is way to involved. Can I ask a judge to do somwthing about her constant interference in my family matters?

I am looking at a job that is within hours of my childs location so I can deal with this manner and not worry about the cost of air fair eating at my legal budget. They sure would love that.
 

Ohiogal

Queen Bee
Ask the court to order the following:

Neither parent shall allow ANY third parties to interfere with the parents' relationship with the child, access to school, medical or daycare records or participation in the child's life.
 

Epona

Junior Member
Ask the court to order the following:

Neither parent shall allow ANY third parties to interfere with the parents' relationship with the child, access to school, medical or daycare records or participation in the child's life.

Thank you. I will be sure to have that stated clearly.
 

Epona

Junior Member
I just had some letter emailed to me that this aunt sent to someone else. She states clearly in the letters that she does not want my child to see me and she is paying for all of the legal expenses so that I can not see my child. She also states
I am the one that takes care of the child and I will not let **** have any say.
Would that be enough evidence for a judge to something to her for causing all of this drama?
 

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