Legal Question in Family Law in California
In California, can an attorney represent a client in court without the client present because the client has to "work" instead? Father filed for custody, mother obtained an attorney after lying to a court in her jurisdiction to obtain a default judgment. Father is requesting judgment be dismissed and set aside in county where she received the default (which the child no longer lives in). She plans to send her attorney in her place, while the father has to drive the 4.5 hours to the city he is petitioning to dimiss the judgment because she lied.
1 Answer from Attorneys
A party does not have to be present at any civil hearing unless directed by the judge to be there. The attorney represents the client, including the client's presence. It sounds as though you having a motion set for hearing and there will be no testimony, so there is no need for any party to be present. In your motion to set aside, you should have requested compensation as a sanction against her, which would include the cost to you of driving to that court.
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