Legal Question in Family Law in California

Notice of Unavailability of counsel: periodically we have received notice from my husband's ex-wife's attorney although we have no activity taking place in our child custody case at this time. My husband, the father, has 98% custody, the mother has supervised visitation only and currently lives out of state. When we get these notices we wonder if she has plans to file for a change in the existing custody order. Does it really mean anything to get notice if there is no open filing or actions pending?

Thank you.


Asked on 1/10/11, 9:24 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

An attorney cannot file paperwork for a motion, OSC, or other court proceeding and then announce that they are unavailable.

A good discussion of a recent case criticizing the practice is on this page:

http://blawg.scottandscottllp.com/businessandtechnologylaw/2007/12/appellate_court_gives_big_thum.html

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Answered on 1/22/11, 4:42 pm
Tina Chen Law Office of Tina Chen

Some attorneys, especially sole practitioners, send out a Notice of Unavailability of Counsel to notify the opposing party of any upcoming vacations. It doesn't mean they're planning to file a motion.

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Answered on 2/08/11, 5:44 pm


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