Legal Question in Family Law in California

I was curious if psychological maltreatment is grounds for filing an ex parte. My son's father has told him that he can not have any contact with me while in their household, as well as his grandparents and aunts. Isn't this considered Isolating? I've been told that he is not allowed to tell me and my son that we can not have any contact, because it's illegal? My son has having extreme anxiety and has requested to live with me full time. While my ex agreed to this custody agreement verbally, after one week he changed his mind and took that offer back. He said it was due to hearing a private conversation between my son and I. I have filed order to show cause, but our court date is not until April 24th, with mediation on March 28th (which I do not see agreement). If I can in fact file a ex parte


Asked on 2/08/13, 6:44 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

That type of poor treatment is hard to prove. I would say that most judges will not consider it an emergency and probably cannot make the order on ex-parte. Much depends upon other factors, such as the age of your child. What may be reasonable, that a judge would accept, is an order to shorten time for the hearing, that is to set an earlier hearing. There are many strategies that an experienced family law attorney could help you with and it would be worth while to get a consultation or retain an attorney. I would suggest that you seek counseling for the child. The child could work through the issues with his father and Family Court Services could contact them in order to get an understanding of your son's concerns.

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Answered on 2/09/13, 6:46 am


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