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dad_of_four

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

I am in the middle of a career change. The selected career does not allow requested days off for the first six months of employment. Is there anything legally I can do to ensure that I will not be taken to court during this duration. My ex and I have a custody case and she is not happy with the court order as of right now. She has made comments about taking me back to court as soon as she can. Can I request anything? What should I do about this? Thank you for your help!

By the way, I have physical custody (if that makes a difference)
 
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Zephyr

Senior Member
I don't think you can really pre-empt it at this point....if/when she does file...(that could take her a while), then you have so long to respond (more time), then a date gets set (more time) and then you can request a continuance (more time).....


play nice - don't give her anything to take you to court for
 

dad_of_four

Junior Member
I don't think you can really pre-empt it at this point....if/when she does file...(that could take her a while), then you have so long to respond (more time), then a date gets set (more time) and then you can request a continuance (more time).....


play nice - don't give her anything to take you to court for



alright. thanks.
 

CourtClerk

Senior Member
Note: You will need to include specific dates on your notice if you are going to file one. Simply saying, I will be unavailable for 6 months isn't going to cut it.

However, the best advice came from Zephyr. Don't give her a reason to have to take you to court....
 

dad_of_four

Junior Member
Note: You will need to include specific dates on your notice if you are going to file one. Simply saying, I will be unavailable for 6 months isn't going to cut it.

However, the best advice came from Zephyr. Don't give her a reason to have to take you to court....

no, i haven't given her any reason to take me back. when we did mediation a couple of months ago she didn't like what the mediator had suggested and she told the mediator and myself she would be back after six months. so, whether i do anything to make her mad or not she is taking me back to court.
 

TinkerBelleLuvr

Senior Member
no, i haven't given her any reason to take me back. when we did mediation a couple of months ago she didn't like what the mediator had suggested and she told the mediator and myself she would be back after six months. so, whether i do anything to make her mad or not she is taking me back to court.
From all my dealings with the court, the judges' offices work with ATTORNEY schedules, not us little lay people. If your attorney knows the scoop, the attorney can usually manage small scheduling miracles. They might be able to get something later in the day, delayed out, etc.

And I third Zephyr's advice ... play nice for at least six months.
 

CourtClerk

Senior Member
From all my dealings with the court, the judges' offices work with ATTORNEY schedules, not us little lay people.
When you are pro per, you are an attorney, YOUR attorney. Also, I don't know how it goes in other places, but I can assure you that judges don't get involved in scheduling cases or rescheduling them. That's my job and I will (and we all will) find a date that will suit both parties. If we can't then I get to decide...

When there are continuances, the judge simply grants them. Attorneys and pro pers have to come to ME to get a new date. My judge has no clue what is coming up until the calendar gets to him a day or two before the scheduled hearing.
 

casa

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

I am in the middle of a career change. The selected career does not allow requested days off for the first six months of employment. Is there anything legally I can do to ensure that I will not be taken to court during this duration. My ex and I have a custody case and she is not happy with the court order as of right now. She has made comments about taking me back to court as soon as she can. Can I request anything? What should I do about this? Thank you for your help!

By the way, I have physical custody (if that makes a difference)
If you have physical custody, why does it matter what days off YOU have?? Mom still has HER visitation schedule regardless. There's no need to file a notice of unavailability unless it is YOU that will be missing visitations & don't want that to 'appear' as though you are forfeiting them.

She can take you back to court whenever she wants...however, it's unlikely ANYTHING would happen within the first 6 months of an order. Orders need time to demonstrate whether they are or are not, working.
 

LdiJ

Senior Member
If you have physical custody, why does it matter what days off YOU have?? Mom still has HER visitation schedule regardless. There's no need to file a notice of unavailability unless it is YOU that will be missing visitations & don't want that to 'appear' as though you are forfeiting them.

She can take you back to court whenever she wants...however, it's unlikely ANYTHING would happen within the first 6 months of an order. Orders need time to demonstrate whether they are or are not, working.
I think he meant that he couldn't get off work to go to court.
 

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