Legal Question in Family Law in California
I filed a Modification of Visitation for an existing case that is open in Contra Costa County CA for Divorce. My Ex was legally served but didn't officialy acknoladge the service so to combat me she filed for a DV Restraining order and DV 105 in the County she lives in (Lake County CA) but lied about abuse that didn't happen and didn't reference the open modification case. The Temporary Judge ordered us to go to mediation but I am totaly baffaled, the Family Law Facilitaters in BOTH counties say she has to deal with the open case in Contra Costa County but it doesn't seem to be going that way. WHAT DO I DO?
2 Answers from Attorneys
You really need the assistance of an experienced family law attorney to sort this out.
Ms. Kock is right. This is not a situation for self-help. Saying she has to deal with the case in CoCoCo doesn't mean it happens automatically. Papers have to be filed putting both courts on notice of the other case, and then additional papers have to be prepared and filed to obtain an order that Lake County transfer its case to CoCoCo and that the two proceedings be coordinated. As they say on Myth Busters - Don't try this yourself.