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Thank you very much.  I can't tell you how much peace of mind you just gave me.

Just to clarify, there is no restraining order, just a temporary order stating that I have full custody and he has no visitation until the hearing.  I did file for that hearing and a date has been set.  We also have a date set for mediation before the hearing.

1. My question, more specifically, is whether or not he can file an ex parte hearing even though there is already a regular hearing scheduled.

Thank you very much.

My son's father, "JD", has had primary physical custody of our son since our son was 5.  Our son is now turning 13.  JD asked for me to take our son to live with me 2 years ago.  JD was sporadic in his visitation for the first year, and has not seen or contacted our son at all during this year.

JD threatened that if I went for a custody change with the California courts that he would take our son, since he still had physical custody, and I would never see him again.  JD wants to retain custody as a way to avoid child support.  This Wednesday I filed for an ex parte hearing asking for custody and no visitation until the court date.

JD did not show up to the hearing yesterday.  I have proof of notification via my cell phone records, and a notorized statement by a witness to the conversation.

JD is now saying that he will deny that I gave him notice and have my temporary custody orders overturned.

1.  Will JD be able to have my temporary orders overturned by stating that he did not receive notice of the hearing?

2.  Will JD even be able to get another hearing based on that lie?