Legal Question in Family Law in California
I notified my ex of the ex parte hearing scheduled for tomorrow. 10 min later he responds stating his wife went into labor and to reschedule for next week.. Should I proceed with the hearing? I'm not heartless but he is keeping our son from me until I get this matter settled
2 Answers from Attorneys
Ex parte is for extraordinary relief when there is immediate harm to the child per the statute and case law interpreting it.
Otherwise regarding the withholding visitation. Due Process requires a reasonable opportunity to be heard by continuance or otherwise. Do not be surprised if the court continues the hearing or even reschedules your request as an OSC hearing to clarify the issues on why he is withholding visitation and what is in the best interests of the child.
By the way when a parent is withholding the child if there is a court order you can file for contempt or a writ to return the child.
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