Legal Question in Family Law in California

unable to appear at new court date.

Dear Sirs,

I am the original petitoner in a family law/child custody matter.The respondent and her attorney have filed for a motion to change custody, support, etc....The original court date of july 20th had to be changed due to the fact that I was not served.(but i was prepared to appear as I was aware of the court date anyway). The new court date has beed scheduled for a time that I will be out of town. What can I do to have the court date changed??. i ahve wriiten a letter to the court but they advised me to file the PROPER MOTION. I have no idea what that may be.Please Help!!


Asked on 8/07/99, 11:41 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: unable to appear at new court date.

Find out the court's ex parte hours, then give the other side 24 hours notice that you are going in ex parte. Call the court ahead of time too, since some courts require you to also order up the file. Prepare an order for continuance of the hearing. Have you received a mediation report? Family Code 3111 states that the hearing cannot go forward until 10 days minimum after you have received the report.

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Answered on 8/11/99, 11:37 am


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