Legal Question in Family Law in California

I just appeared at a CMC, 4 months after myself and the other party came to a stipulation. The other party is the petitioner and myself the respondent. The petitioner has not adhered to the agreement whatsoever, immediately following our agreement. His lawyer is dropping him because he is not paying, and she is trying to be relieved as counsel. She appeared at the CMC, just to say that.

He did not appear in court, and I found out that our stipulation was never actually signed by him, so orders were never put in place.

The judge told me to file an OSC, but until then he cant enforce anything.

I just read in the OSC packet, that I can fill out a EX PARTE APP, and TEMPORARY ORDERS, in order to have the court implement immediate orders......how does this work? Do you get an immediate court date?


Asked on 10/19/11, 10:25 am

2 Answers from Attorneys
Thomas Walley Good Wildman Hegness & Walley

Is this a Family Law question or a general civil law question? At an ex parte, immediate orders can be issued and most likely a hearing date will also be set several weeks out. I can't tell from your question what issues were in the stipulation, but if it wasn't signed, then it's not binding on anyone. Does that help?

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Answered on 10/19/11, 10:47 am
PATRICK MCCRARY PATRICK MCCRARY

You can ask the facilitator's office to help you or you can retain an attorney. If you call my office and fax or e-mail me a copy of all of your pleadings, I will give you a free telephone consultation. I can then tell you the best course.

Good Luck, Pat McCrary

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Answered on 10/19/11, 3:20 pm


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