Legal Question in Family Law in California

In San Diego County, if I have been served with Child Custody and Visitation paperwork (Order to Show Cause) and mediation hearing is set for a few months out (in December), can I request a "Order Shortening Time" by filing an ex-parte to the court?

The reason I feel an urgency is that my daughters mom is literally brainwashing my 14 year old and as of last week my daughter no longer wants to come on visits. I feel like her mother is motivated by money at this time since we have always been able to work together on expenses (for 10+ years now) and she recently bought a condo (just before she filed court papers requesting support and full custody). We currently share 50/50 custody, but I cannot get my daughter to come over for NOTHING as of two weeks ago! Her mother filed a ex-parte asking for full custody last week and the Judge denied it (the child is in no harm). I have rules and her mother does not, this is the big issue. I am really in a struggle here. The other major change is I am, for the first time, in a serious relationship and have a fianc�. My ex has been protesting against this for the past 1 1/2 years.

Do I have a case to get an "Order Shortening Time"? I don�t want to lose all ties to my daughter who is clearly backing her mother�s point of view. :-(


Asked on 10/13/11, 12:13 pm

2 Answers from Attorneys

An OST is not the solution to the problem you describe. You are not asking for a modification of the existing order are you? So there is nothing to be accomplished by shortening time on the mother's motion for a modification. What you need to do is file an OSC re: contempt of the existing order and request an OST on THAT. Unless and until she can get a modification, the mother MUST comply with the existing order. Failure to do so is contempt. In addition, putting her contempt of the court's existing order before the court ahead of the hearing on her motion will be a big strike against her. It could even be grounds for you to get primary custody instead of the mom. This is a very tricky and sensitive area of the law, however, so if at all possible you really should hire an attorney to help you with this.

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Answered on 10/13/11, 12:42 pm
PATRICK MCCRARY PATRICK MCCRARY

You are in a tough situation. My educated guess is that you should get an order that the child go to counseling that will work through the issues and get to the problem, however, that is an educated guess without all of the facts. You need to consult with an experienced attorney. The family court mediator will not help you on this, you need strategy, not forms. Good Luck, Pat McCrary

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Answered on 10/13/11, 1:50 pm


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