Legal Question in Family Law in California
I served my ex with custody papers, they were stamped by the court and a mediation date was made for September 26th. In the papers it states that the order will be in effect until court. However, in his response he requests that our son visit him on the 16th which is a week and a half before mediation. During this time we are not to communicate due to his inability to refrain from lashing out at me.
Is my order the one I should follow or do I have to comply to his?
I filed first and his is conflicting with mine, I don't know what to do. I am in California.
2 Answers from Attorneys
Unless the court granted his request and made it an order, the simple fact that he requested it has no legal effect.
I agree with Mr. McCormick and would add that papers filed by you are not court orders either unless a judge made specific orders when you filed your papers. Absent such specific orders, the prior court orders are controlling and should be followed.
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