Legal Question in Family Law in California

Re: Stopping a continuance

Dear Inquirer:

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NOW, IN RESPONSE TO YOUR INQUIRY --

She probably will get the continuance if she can make a showing of "good cause." In the long run you probably are being "pennywise and pound foolish." Hire a lawyer in L.A. to represent you.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Re: Stopping a continuance

What she is doing is seeking what is called an "Ex Parte" order. When you refused her request, she now has decided to ask the court to grant her the continuance. She is required to have grounds for the continuance, which presumably will be set forth in her moving papers. This is part of litigation. If the judge feels her request is reasonable, she will get her continuance.

You should have received Notice from her (when and where she will appear). It may be possible for you to attempt to object by calling the court. After you know where she is going to seek the Ex Parte Order, you may want to call in advance to see if the judge will hear you telephonically.

If you are going to lose money, ie, for pre-paid airline tickets or other expenses, you may be able to get the judge to require the other side to reimburse those expenses as a condition of the continuance--although I wouldn't count on it.

This is not intended as a complete and all encompassing explanation of every aspect of Ex Parte hearings and continuances. I have not reviewed anything relative to your case, nor do I have any information about any particular aspects of it. No attorney client relationship has been created or is intended to be created by this response. Also, this information is intended to be just that--some information. It is not intended to be legal advice. You should arrange a private consultation with an attorney to fully discuss your case.

Finally, I would like to point out that what is apparently happening is a very basic and routine procedure. If there are serious issues and/or substantial rights or property at stake, you should consider finding an attorney to represent you.

Good luck,

Lee