Welcome to SPARC Forums. Please login or sign up.

Apr 29, 2024, 04:44:12 AM

Login with username, password and session length

Filing and Ex-parte

Started by breezy, Jun 30, 2006, 07:46:54 PM

Previous topic - Next topic

breezy

Children, other party and self all reside in Ca.

Ca courts.

Custody revisited and settled 2 weeks ago.

Orders from 2 years ago that the judge expressly stated he would enforce 2 weeks ago state "Ex is not to gain emplyment in AV school district. If Ex does, then children shall have to go to another school"

Ex just accepted a job within AV school district.

Children are due to start school Aug. 7th.

If I file an OSC it will not be heard until late Aug.

1) what is the criteria used for an Ex-parte hearing?

2) what forms must I file for and Ex-parte

3) would this be better to file contempt charges on?

Thank you in advance!


socrateaser

>1) what is the criteria used for an Ex-parte hearing?

You must show that you or the children will suffer irreparable or great harm if the relief requested is not granted immediately.

I don't know what the reasoning for the court's unusual order re employment is, but I'm guessing it has some abuse component. If so, that would satisfy the threat of irreparable harm, but you would have to enunciate the specific fear to the court, even if you didn't need to do this for the prior sipulated order.

>2) what forms must I file for and Ex-parte

http://www.courtinfo.ca.gov/forms/fillable/epo001.pdf for an emergency protective order, if you fear physical violence to you and/or abduction of the children.

If not, then FL-300, with a check of the "other" box specifying the relief requested below. Then you need a pretty thorough declaration explaining wihy you need emergency relief on grounds other than those appropriate for an emergency protective order.

>3) would this be better to file contempt charges on?

I don't know. You're not telling me what this is about.