Monday, December 20, 2010

DON'T MISS A HEARING IN YOUR DIVORCE CASE

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him by members of the public in areas of Family Law and Divorce.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: If I reshedule my custody hearing court date, will that hurt my case? I am a father and I have legal custody of my girls. Yesterday my spouse did not show to court becuase she had to reschedule. She does not work, but I do. If i miss my custody hearing, and I reschedule for the following week, is that bad for my case?

ANSWER: Don't miss a hearing.

Any time a party doesn't show up for a hearing, the hearing could go forward without that party's participation, possibly or likely causing a result adverse to that party.

Whether or not a hearing gets continued based upon a party's unavailability (or supposed unavailability) can depend on what facts are presented to the Judicial Officer, how and when, whether there has been a prior continuance of the hearing, the reason given for seeking the continuance, whether the parties agree to the continuance, the local rules, and the particular Judicial Officer's policies, practices, discretion and prejudices.

If you seek to continue a hearing, you should contact the Judicial Officer's clerk in advance to inquire about those matters, find out whether the Judicial Officer would continue the hearing if both parties agree to the continuance, how to get the continuance, and what dates the Court has available for the continued hearing. If the Court would allow the continuance and both parties are agreeable, the matter would need to be continued to a date available to the Court and both parties.

Courts usually require a continuance to be arranged in advance so that the Court can control its calendar.

Courts generally require either a Stipulation for Continuance, a Stipulation and Order for Continuance, or a Notice of Continuance to be filed and served, if they will allow the continuance, so make your inquiry first. The Court will likely charge a filing fee for such filing.

Due to calendar congestion, most courts won't reschedule a hearing for the following week - some courts would continue the hearing for months, in which case, if it is your OSC, it may be a good idea to re-file your OSC to get an earlier hearing.

If you need a continuance due to exigent circumstances and the other party refuses, file an Ex Parte Application and have an Ex Parte hearing on the matter in advance of the scheduled OSC hearing so that you will find out whether or not the Court will continue the hearing - Courts don't always grant Ex Parte applications.

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