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The Judicial Counsel in all it's wisdom, has a reason for everything. Weather others know that reason seems to be unimportant.

My assumption was clearly not from reading FC 2320.

I"m sure somewhere in Family Code, the issue of Jurisdition must be addressed otherwise we would be seeing a lot more people jumping across borders with children in order to gain custody.

Thanks for your interpretation.

The Judicial Counsel in all it's wisdom, has a reason for everything. Weather others know that reason seems to be unimportant.

My assumption was clearly not from reading FC 2320.

I"m sure somewhere in Family Code, the issue of Jurisdition must be addressed otherwise we would be seeing a lot more people jumping across borders with children in order to gain custody.

Thanks for your interpretation.

Does that include California? My understanding was that you needed 6 month residency before even filing for a dissolution as stated on the Petition FL - 100.

Also, My understanding is that if there are minor children, that the Specific County Lacks jurisdiction to rule on custody issues prior to the 6 month.

1. Is any of my assumption correct or am I misinformed?



thank you as always.

I have had several runins with the Child Support Attorney, who I have reason to believe is treating me differently that others. I am still researching my past actions and making comparisions to other cases to determine whether my recently denied documents are indeed defective and if they are, correcting them, but if they are not, seeking remedy a variety of ways. I have read that a Distict Attorney can be disqualied under PC 1424.

1. Can a Child Support Attorney be disqualifed using the rules and procedures outlined in Penal Code 1424?

2 If not, is there any procedure for removing this attorney from hearing my case?

3. If so, please inform.

Thank you.

Thanks again for your input. I will proceed with this in mind.

I'm going to be refiling in the next week or so and we shall see what happens. The lawyer that I'm working with on my case has an awesome paralegal who will check everything in detail before it goes out again.


I'll let you know how it goes.

Cheers.

Dan Curry

Okay, thanks for your detailed response.

The documents just came back and they came from the court clerk separate from the letter from the DCSS Attorney, which leaves me with and entirely different set of questions.


Over the years, I have had numerous run-ins with the court clerk with regard to filing documents. I have always listed the County DCSS as the Petitioner, Myself as the Respondent and the Mother as the other parent.

The only time they accept my documents is either after numerous attempts or when called by my State Assemblyperson.

This time, they not only does she state that the caption is incorrect, but they also indicate that the case number is incorrect, yet this number has been the same number as the original divorce. Though I believe DCSS has their own number as well. I used the same caption and case number to terminate support and disqualify the commissioner in 2004.

Let me also state that I have been doing divorce documents in my county for over three years and have never seen a case treated like mine in all that time.

Another issue that may or may not be of interest to you. I filed suit against an attorney who is her friend, that suit was dismissed about a month and a half ago.

My question for you is.

1. What do you suggest I do to overcome this problem with the court clerks?

2. If I do everything correct yet continue to have my documents rejected, who is the proper party to complain too and what can I expect as a remedy?

3. Can a DCSS Attorney be disqualified from handling my case if a conflict of interest or there appears to be a vendetta taking place where I am being treated differently than others?

1. FL- 670 - Notice of Motion for Judicial Review of License Denial

2. FL - 450 - Request For Hearing Regarding Earnings Assignment

3. FL- 950 - Notice of Limited Scope Representation.

3. Declaration is support

4. Filed with the Court Clerks office by mail and served on DCSS.  

5. All documents were filed by mail.

5. Standard Letter re: endorcing and returning documents in SASE and informing the Court Clerk that the commissioner has been disqualified by order of the presiding judge and further, that a few waiver is on file.  

My case is in a California Court and refers to a Request for Hearing Regarding License Denial and Notice of Motion for Modification of Earnings Assignment.

I filed the abovementioned documents by mail with the court clerk only to discover that the Lead Attorney for Child Support Services intercepted the documents and returned them to me with a note saying the documents were incorrect and had numerous errors. She refuses to tell me what the problem is and my attorney friend has indicated that notthing is wrong with them.

1. Does a child support attorney have the authority to act as a court clerk and interfere with my attempts to file court documents?

2. If not, then what are my options for resolving the problem.

3. If so, do you believe this may be a conflict of interest given the Attorney for child support services is the opposing party in the action?

Thank you in advance.

Dan Curry.

Well that's a first for me. I've seen crap loads of restraining orders and never seen one that applied both ways.

You must have appeared at the hearing then. Most restraining orders are uncontested. That's probably it.

I doubt our local judge would issue such an order. He would tell the other party to file their own restraining order.

I stand corrected, but atleast I'm standing. :-)

NO such thing as a mutual restraining order. One person sought it and was granted it. That person has to agree to drop it. In CA, a motion to dismiss will suffice. Though it is necessary for her to agree in court to dismiss the the restraining order.

Just the same. Only one person will be charged for violating that order.

Good luck.