Legal Question in Appeals and Writs in California
Exwife Files Appelate With Appelate Court
I won a motion my exwife filed regarding the transportation of our children during exchanges and visits. She wanted me to assume the entire driving responsiblity and also wanted me to have visitation in the town the children live and not bring them to my home. I live 2 hours away from the children, I have remarried and have four step children as well. The Judge ruled that she is to meet me halfway with the children at an agreed exchange point. After I won she filed a motion to reconsider. She stated that there are to many children in the home, our boys do not get involved in extra curricular activites and that the house we live in is not big enough, it is four bedrooms. I won that motion as well.
Now she has filed with the 4th Appellate District saying that the Judge used the wrong standard in making the determination regarding meeting halfway.
My questions are:
What is the standard that the Family Law courts in California use in deceiding these issues?
Do I wait to see if the Appelate Court agrees to hear the case before I get a lawyer?
2 Answers from Attorneys
Re: Exwife Files Appelate With Appelate Court
If what she filed with the appellate court was a writ petition -- something the court can deny summarily without any further proceedings -- then you may want to wait to see what the court does before you hire a lawyer, or you may prefer to hire one now if you think her petition might persuade the court to act quickly. However, if she filed a notice of appeal instead then there is no need for the court to "agree" to consider the case and you should get a lawyer to represent you if possible.
Feel free to contact me directly if you want to discuss this further. I am certfied by the State Bar as a specialist in appellate practice, and I have been arguing cases in the Fourth District for many years.
Re: Exwife Files Appelate With Appelate Court
The standard that the Family Court must use is simply What is in the best interests of the children?
Your ex-wife has a right to appeal the order as a matter of law, assuming that she filed a Notice of Appeal (a one page form stating that she appeals the order. You should consult with an attorney immediately.
If your ex file instead a Writ Petition (an entire brief with a red cover), it is unlikely that the Court of Appeal will consider it. Even if it denies the writ petition, however, your ex-wife may still have the right to an appeal, as long as she files the Notice of Appeal on time.
I am a certified appellate law specialist with considerable family law experience. I practice in appellate courts throughout California, including the Fourth District. You may review my website at www.foxappeals.com
Please call or email if you would like to discuss a consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
