SPARC Forums

Soc,

I had asked about ex parte in Virginia.

This is what I just read on the J&D court information.


"First continuance granted by clerk; subsequently by judge on motion."

Original court date was set for August 9.  Multiple filings after original had the Clerk continue the hearings to August 23.

This was not a requested change to date, but it was requested to have all hearings the same day.

Would bm be able to obtain a continuance without it going thru the judge?


If dh calls and finds this is under consideration, or being granted, can he file some sort of motion for reconsideration?

Thank you

>Soc,
>
>I had asked about ex parte in Virginia.
>
>This is what I just read on the J&D court information.
>
>
>"First continuance granted by clerk; subsequently by judge on
>motion."
>
>Original court date was set for August 9.  Multiple filings
>after original had the Clerk continue the hearings to August
>23.
>
>This was not a requested change to date, but it was requested
>to have all hearings the same day.
>
>Would bm be able to obtain a continuance without it going thru
>the judge?

No. You must receive notice. When you do, respond and object to the continuance on grounds that this hearing has been pending for 4 months, that the other parent has known both that the hearing and the start of school would occur in the same general time frame, and that this is nothing but a thinly veild stall tactic.
>
>If dh calls and finds this is under consideration, or being
>granted, can he file some sort of motion for reconsideration?

No. A continuance is cut and dried -- you get it or you don't, based on a showing of good cause, unless the other party can show unfair prejudice or unreasonable delay. In some courts, the judge will not permit his/her calendar to be upset, because it harms other litigants -- sometimes the judge will refuse all continuances for any reason other than some extreme hardship.