I currently share 50/50 legal/physical custody of my children with my ex.: I share custody of my children with my ex. He recently moved about 25 miles from where the both of us used to reside. He moved my daughter out of her school without my knowledge and on top of that, his girlfriend is the person that signed her registration paperwork at this school and signed these documents as her parent/guardian. Our 2 boys are not okay with living at this new place with strangers, which is, his girlfriend and her children. There are 7 children living in that house when my kids are staying there during his week with the children. Is this a valid reason to request an exparte hearing to regain complete physical custody of my children, allowing him to only have alternating weekends with the children.
Donald’s answer: Sacramento Family Court is currently understaffed and is VERY insistent that Ex Parte requests must be based on a clear emergency regarding children's welfare. However, your description of the situation suggests you may have grounds for claiming such an emergency. You would be wise to consult an experienced attorney on this.
Can a mediators report be brought into evidence without the mediators testimony?: I object to the mediators report, the OPC has not subpoenaed the mediator. Can his report be brought into evidence without his testimony?
Donald’s answer: The first response to this question is also pertinent to Sacramento. You must subpoena the mediator to testify if you want the report brought into evidence -- unless the other party will stipulate to admission.
Can I represent myself in court for child and spousal support, even though I have a lawyer.: I have been with very little child and spousal support for the last 8 months and have been asking my lawyer over and over again to file a motion to get it readjusted...but he keeps on brushing the matter under the carpet. I'm not sure why!!!!!
Donald’s answer:
Your lawyer may have sound reasons to advise against a request for modification of support, but it is his/her obligation to help you understand those reasons. If you do not agree with your lawyer, you should instruct him/her to either file as you request, or substitute out so you can file yourself or find another more receptive lawyer.
Clients should recognize that both they and their attorney have rights and obligations (which, hopefully, are spelled out in their agreement for services). Bottom line: The decision to file in court is the Client's -- the lawyer can advise, but must either consent to the client's decision or withdraw from the case. (In some cases, this may require a court hearing and order.)