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CALIFORNIA- Ex-Parte/Temp. Orders/O.S.C.

Started by fathers4custody, Jan 01, 2004, 05:31:25 AM

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fathers4custody

   On Friday Jan. 2, I plan to file an 'Ex-Parte' in the Rancho Cucumunga Court house.  If there is anybody that is familar with the forms I'll be submitting, please contact me.  I need some pointers on some of the questions on the forms.
   My case is too complicated to keep going & I'm just TIRED. of it all.  My last few times to court was with attornys & I spent over $25,000, you all know that's not to hard to do.
It seems "mom's" can get an Ex-Parte hearing by just showing up & scribbling "he scratched my arm, one time about a year ago & i'm scared for my kids life"  <<   Since I'm not going to lie, I prob. need some opinons on what to say & what not to say.  I'm using 'PAS' (Parental Alienation Syndrome) as my reason for an Ex-Parte. Although I don't plan on actually using the words 'PAS' on the form.
   As far as I can see from the Minute Orders about 25 of them, I'll be filling an OSC on the last Perm. Orders we had from the court.  Which was joint custody, both physical and legal.
   My daughter is on one of those 'track' sytems at school.  She's in school for about 10 to 14 weeks, then she's off school for about 5 weeks, this goes on year round.
   Our last Perm. Order did not specify time and dates at all.
I need to write a Parenting Plan for record, though she will contest is for sure. So we'll do Mediation again for the 4th time!!!
   This time If evalutation come up, I will pay the $1,500 for it.  If it is a good evaluator, I'm positive it well help me.  The reason for all of this is because she's playing the let's not see or talk to daddy thing, but this time it's been almost 3 months since i've seen or talked to my daughter.  Since a couple of weeks before Halloween.  Haloween, Thanksgiving, Christmas, New Years, YES YOU BET I'M A LITTLE DEPRESEED BUT ALSO PISSED OFF!!!!!!!!!!!!!!!!!
    I'll quit here because I'm sure nobody well read this far anyway.!! :)
                           HAPPY NEW-YEAR !!
                                  &      GOD BLESS !!!!]

       [email protected]
       Ian S. Tucheiwcz

Today's Football  Bet is:
Rose Bowl,   USC 33 - Mich. 17  :)  hope i'm right!!

imdaddy

Ian:

That's bullsh@t!!  That you haven't seen your girl in 3 mos.  What they hell are these family court judges thinking?  I'm going through a case that sounds similar to yours in a few ways - I have 1 year old dau, her mother & I have both filed Ex Partes, recently, and they were both denied.  The one thing that stood-out as I read your posting, is that certain conditions must be met for a judge to approve/accept an Ex Parte request.  So, I'm just trying to let you know, that like mine was, yours may be denied immediately, just for not fitting the conditions required for an Ex Parte judgement; but, by all means, TRY!  In any event it shows you're committed to your little girl.

The strongest argument I can find is that 1) joint custody (50/50) is written into the CA law code; it reads both "parents are equally entitled to custody" of their minor children.  And 2) the 14th amendment to the US constitution protects us against state intereferance to parent our children as we see fit.  And 3) the US Supreme Court has upheld these views, so.....how can any fricking family court judge disagree with this?  (I go to court next Tues, and am going to try using some of this).

I hope this works out for you.

Through my research, I recently ran across a group called, CA Parents United - they are trying to get the law re-written/clarified, to read 50/50 IS the starting point in custody negotiations.  Email the head of the group, Bob Fink, and he can send you some info on the bill they're trying to get passed.  His email is:  [email protected]

And feel free to email me.

Regards
Imdaddy - Alameda County (SF Bay Area)

PS:  Remind the judge, if he's male, that this is not any different then if he himself were there in court fighting to maintain an equal relationship with his child.  He won't like it, but it may make him THINK!!