Legal Question in Family Law in California
Child Visitation
I live in Ohio and my ex lives in California. My daughter is supposed to come to me next month per the court order, but she is refusing to send her because of the cost of the flight. My ex's boyfriend had notified me of a court date for a phone conference to change the visitation, but he has no knowledge of the Judges or the mediators name or number and refused to give the name and number of his lawer. He has made accusations of me calling them on the phone and being offensive while they recorded me without my knowledge. And lastly, he has said that he could ''serve'' me over the phone because of an emergency court order. My question is, do I actually belive what he as told me and if it's even possile for him to do all of this.
3 Answers from Attorneys
Re: Child Visitation
He can give you notice of an ex-parte hearing for emergency orders only over the phone. In those cases there must be danger that there will be harm to the child or that the child will be removed illegally from the state. I suggest that you retain an attorney to assist you. Good Luck, Pat McCrary
Re: Child Visitation
Sounds like he's trying to give you notice of an ex parte hearing. You should follow through just in case. Would be a good idea to appear on the day in question.
Re: Child Visitation
First of all, if you have the original case number you can go online to most court websites and find out if anything was filed or if there is a hearing set. Second, he can give you notice of the hearing over the phone, but, this is inadequate. If there is a hearing, you should hire local counsel to help.