Legal Question in Family Law in California

Help on Filing Motion

Family Court

I am Father/CP/Sole Legal/70%Physical pro se

She is Mother/NCP pro se

I received an OSC to modify visitation and other issues. The court has heard these issues repeatidly in numerous filings by the ''Plaintiff''. All the filings were rejected. The ''Plaintiff'' continues to file on the same motions. I would like to try to file a response using CCP 391 to require that she be required to get authorization from the court before filing.

I am using form FL310. I would like to know what the proper motion title should be. ''Motion to -----''? Does it need to refer to the current OSC to stay the upcomming OSC filed by the mother? Any suggestions? I have been in court for 5 years so I am at this point forced to a pro se position.

Thanks for any help.


Asked on 5/02/03, 4:04 am

1 Answer from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Help on Filing Motion

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

How about "Motion Re: Vexatious Litigant." The motion in and of itself, pursuant to CCP 391 et seq., will stay the hearing on the OSC (which for these purposes is considered a trial). Read CCP 391 - 391.7 completely and carefully before filing.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 5/13/03, 12:56 am


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