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Temporary orders and change of circumstance

Started by ccmom, Feb 23, 2004, 02:53:55 PM

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ccmom

I'm in CA

I went to court last Tuesday, and the judge set our case for trial. My ex's attorney asked that the mediator report be adopted pending trial, I said no, keep the status quo and there has been no change in circumstances to modify custody or visitation.  

Judge said he doesn't think there needs to be a change in circumstances for a temporary order. He didn't adopt the whole report, however he did give him an extra day pending trial.

We asked the judge to order a 3110 eval, instead judge ordered minors counsel for the children and counseling.

1) Does there need to be a change in circumstances for a temporary order modifying visitation?

2) What does minors counsel do? Will they do an investigation and talk to the kids?

Thanks for your time Soc.

ccmom


socrateaser

>1) Does there need to be a change in circumstances for a
>temporary order modifying visitation?

No. In CA a court can modify appropriately without a change in circumstances. Can't have a full custody hearing without, tho.

>
>2) What does minors counsel do? Will they do an investigation
>and talk to the kids?

Guardian Ad Litem represents the child's independent interests. This is not an evaluator, it is an advocate for the child. The difference can be subtle or drastic, depending upon circumstances.

ccmom

Sorry, but I'm still confused.  Could you clarify your answer to the first one.  I don't understand your statement, "Can't have a full custody hearing without."  Do you mean that a party cannot even have a hearing on possibly modifying a permanent order without a change in circumstances?