Visitation/custody violation California

[single317dad]

Because that's how we roll in CA

ETA: I used the search terms California family law ex parte notice and it came up with several attorney sites. I don't feel proper linking to them directly, so go ahead and run the search yourself to review.

Fair enough.

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1204

It makes absolutely no sense, but appears to be true nonetheless. Land of fruits and nuts, indeed!

 

[Zigner]

Fair enough.

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1204

It makes absolutely no sense, but appears to be true nonetheless. Land of fruits and nuts, indeed!

It makes great sense. It prevents non-sense, BS hearings. Ex parte hearings CAN take place with little or no notice if the situation warrants it. I predict that this OP won't get any order out of this ex parte hearing though. There is no emergency - there is no urgency.

 

[LdiJ]

It makes great sense. It prevents non-sense, BS hearings. Ex parte hearings CAN take place with little or no notice if the situation warrants it. I predict that this OP won't get any order out of this ex parte hearing though. There is no emergency - there is no urgency.

The reason why its confusing to those of us who don't live in CA is because of the actual definition of the word "ex-parte" and how its used in our court systems.

Definition of EX PARTE


1

: on or from one side or party only —used of legal proceedings


2

: from a one-sided or partisan point of view

CA is the only state I know of where the other party has to be served for an ex-parte hearing.

 

[single317dad]

It makes great sense. It prevents non-sense, BS hearings. Ex parte hearings CAN take place with little or no notice if the situation warrants it. I predict that this OP won't get any order out of this ex parte hearing though. There is no emergency - there is no urgency.

That makes sense. What doesn't make sense is calling it an ex parte hearing, when it isn't ex parte. Like taking a tour of the White House and finding out it's been painted blue.

 

[LdiJ]

That makes sense. What doesn't make sense is calling it an ex parte hearing, when it isn't ex parte. Like taking a tour of the White House and finding out it's been painted blue.

That is it exactly...I think that what they call ex-parte hearings is what we would call emergency hearings.

 

[Zigner]

The reason why its confusing to those of us who don't live in CA is because of the actual definition of the word "ex-parte" and how its used in our court systems.

Fair enough

CA is the only state I know of where the other party has to be served for an ex-parte hearing.

Not served, just given notice.

 

[avocado]

I gave him notice to appear at the ex parte. This was my last option since he's keeping my daughter from me when I have joint legal and physical custody with a set visitation schedule. I did everything I could to get my daughter but he won't comply with the court order. This guy enjoys making my life hell. He's done it since I left him. Again, I did everything I could to get my daughter and I was told by the police and CPS to file for an ex parte.

 

[Silverplum]

I gave him notice to appear at the ex parte. This was my last option since he's keeping my daughter from me when I have joint legal and physical custody with a set visitation schedule. I did everything I could to get my daughter but he won't comply with the court order. This guy enjoys making my life hell. He's done it since I left him. Again, I did everything I could to get my daughter and I was told by the police and CPS to file for an ex parte.

Ok. Good luck.

 

[avocado]

Thank you

 

[Zigner]

I gave him notice to appear at the ex parte. This was my last option since he's keeping my daughter from me when I have joint legal and physical custody with a set visitation schedule. I did everything I could to get my daughter but he won't comply with the court order. This guy enjoys making my life hell. He's done it since I left him. Again, I did everything I could to get my daughter and I was told by the police and CPS to file for an ex parte.

Again, this is not an EMERGENCY. I predict that your hearing on Tuesday will result in you being told to schedule a regular hearing.

 

[avocado]

The judge told my ex he better obey the court order or he will face criminal charges. The heating for January is still on but now this guy is filing an ex parte to keep my daughter out of my care. He's going out of his way just to be mean and keep my dauber from me for nooooo reason.... He's gone crazy.

 

[Zigner]

The judge told my ex he better obey the court order or he will face criminal charges. The heating for January is still on but now this guy is filing an ex parte to keep my daughter out of my care. He's going out of his way just to be mean and keep my dauber from me for nooooo reason.... He's gone crazy.

In other words, it went down exactly as predicted.

 

[avocado]

The judge understood why I filed for an ex parte and she ripped my ex a new one for acting the way he is.

 

[Zigner]

The judge understood why I filed for an ex parte and she ripped my ex a new one for acting the way he is.

I'm sure she did.

 

[avocado]

I wasn't trying to move up the court date or anything, I just wanted to have my daughter like I am legally allowed to and stop him from alienating her from me and possibly brainwashing her. She's only 3 but super smart and remembers everything. This guy is having a grand old time causing so much disruption and heartache to my life and it should be bright to the courts attention that he's braking the law and all I'm trying to do is live my life happily without him and be civil with him despite his malicious behavior. I'm not wasting anyones time, he is the one doing that. I'm sure if your child was kept from you for no reason you would fight to have your child back, not just simply wait for the next court date which is two and a half months out.