Legal Question in Family Law in California

Can I stop my ex from taking me to court again?

After divorcing my ex petitioned the court for sole legal& physical custody of our kids. She lost and I recieved 30% time. She became bitter and angry accusing me of child abuse,neglect,& sexual misconduct. After being investigated by C.P.S.no evidence was found to support her allegations. She again took me back to court and we were sent to an evaluator who ultimately recommended a 50/50 time share to the judge. My ex furious,demanded a custody trial where she again lost and the judge made the 50/50 time share an order also ordering us to take part in shared parenting support classes. My ex now refuses to attend any more classes stating they are non-productive. She wants to go BACK TO COURT for a revaluation stating I am uncooperative and create conflict causing the new parenting plan to not work. Our SSP councelor openly stated that my ex is uncooperative, unreasonable and selfish. The counselor refuses to get involved with court litigations. What are the chances of my ex getting the court to re-evaluate? After the custody trial my attorney and I released eachother as attorney & client. Is there anything I can do to prevent her from taking me to court again and again?


Asked on 6/03/99, 12:46 am

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Can I stop my ex

If the matter was litigated, your ex HAS to allege a material change in curcumstances to go back. See the case Carney and the case Burchard v. Garay.

If she files again, I would file a companion motion for sanctions. If she's going to get hit with monetary damages, she might re-think it. You might also consider seeking actual custody, since you seem to be the only parent willing to allow the other to have a role in the kids' lives.

You should also reconsider representing yourself.

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Answered on 6/04/99, 4:54 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Can I stop my ex from taking me to

You can't really stop her from filing but you should keep asking the court to award you attorney fees. Sooner or later the judge might get fed up with her and once she starts having to pay your attorney fees she will learn.

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Answered on 6/05/99, 2:42 am


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