Legal Question in Family Law in California

Change of Venue

A motion was filed for a Change of Venue. Can a Judge rule on any further issues before the Change of Venue has been addressed? What if the issues addressed were an Ex Parte hearing for child's safety? What if the issues were visitation and custody?

Please cite the points and authority.


Asked on 4/16/09, 8:27 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Change of Venue

The court should make custody and visitation orders to protect the child pending the change of venue. A change of venue is a time consuming process. There is a 30 day stay pending the order before the change can be started. The change of venue will also not start until the local fee to the court is paid and the filing to the new court is paid. If paid by check each county should be paid by a separate check.

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Answered on 4/19/09, 2:56 pm
James Chau Law Offices James Chau

Re: Change of Venue

I think if the parties agree the court can make rulings prior to the hearing on the venue change. The new venue would need to receive the new orders though.

As always please consult an attorney prior to taking any legal action. Good luck.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 4/17/09, 11:26 am


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