What is the name of your state? CA
This message is for Met4 or anyone else who can help me out. Met4, you have been great and I have copies of all posts to prepare my paperwork on Friday when I got into the Fresno FLF office, but I am finding myself quite discouraged and filled with doubt. I read all what you have sent me, including the codes and all of that, but will I really be able to amend the July 1st order immediately? Code 469 and 470 that you sent me says:
469.) Section Four Hundred and Sixty-nine. No variance betweenthe allegation in a pleading and the proof is to be deemed material,unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the Court may order the pleading to be amended, upon such terms as may be just.
470. Where the variance is not material, as provided in Section 469 the court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Does this mean that when I go to the Fresno FLF office, I will be able to file something that will have the courts order an immediate amendment without costs? I just wonder and worry, because I do not want to go file for an amendment of the order just to hear that I have to have a set court date that will be at least 30 days away in Fresno county and by that I would have missed 1/2 of my court ordered therapeutic supervised visits with my children because my ex will not cooperate. How can the courts make an immediate decision on this? How fast can this happen. Please forgive me for my questions and impatience.
Thank you.
daddenied
This message is for Met4 or anyone else who can help me out. Met4, you have been great and I have copies of all posts to prepare my paperwork on Friday when I got into the Fresno FLF office, but I am finding myself quite discouraged and filled with doubt. I read all what you have sent me, including the codes and all of that, but will I really be able to amend the July 1st order immediately? Code 469 and 470 that you sent me says:
469.) Section Four Hundred and Sixty-nine. No variance betweenthe allegation in a pleading and the proof is to be deemed material,unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the Court may order the pleading to be amended, upon such terms as may be just.
470. Where the variance is not material, as provided in Section 469 the court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Does this mean that when I go to the Fresno FLF office, I will be able to file something that will have the courts order an immediate amendment without costs? I just wonder and worry, because I do not want to go file for an amendment of the order just to hear that I have to have a set court date that will be at least 30 days away in Fresno county and by that I would have missed 1/2 of my court ordered therapeutic supervised visits with my children because my ex will not cooperate. How can the courts make an immediate decision on this? How fast can this happen. Please forgive me for my questions and impatience.
Thank you.
daddenied