Today is 5/10 I have a court hearing scheduled for 5/16 will a judge grant a continuence in that short of notice?

Asked about 2 years ago - Hillsville, VA

I petitioned the court to put in place court ordered visitation for my son who is 12. His maternal grandmother has custody of him. The current order states we must agree and we cant so thats why we are going to court. I am traveling from MI to make this court hearing. I recieved an email from grandma stating she asked for a continuence and it was granted and court is changed to 5/30. Would the court do that with less then a wk before hearing, and the fact that I am coming so far away?

Attorney answers (3)

  1. Brian Randolph Moore

    Pro

    Contributor Level 5

    Answered . I think it would be unlikely for the court to grant a continuance on such short notice without a really good reason. It is equally unlikely that the decision would be made before you were informed of the request and given an opportunity to respond. It is even more unlikely that they would re-schedule the hearing without consulting you. The court clerk's office (have your case number handy) should be able to tell you if the case has been rescheduled. They may also provide you with a copy of the motion for a continuance and the court's order granting the motion (if such is the case). Some courts are more formal than others and no two sets of facts are ever the same.

    The information provided is intended as a public service. It is presented for general informational purposes only... more
  2. Hillary Johns

    Contributor Level 19

    Answered . I'm licensed in California. If you already made arrangements to travel and the person knew about it, a continuance would not seem likely although there may be special circumstances and the answer would really be how the judge rules. Do you have a lawyer? If you do, call your lawyer and have them call the court, tell them about your situation, and say that you don't want a continuance. If they grant it, have them pay the cost of your travel on the date mentioned.

    Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her and signed a fee or letter agreement confirming her representation of you. This post does not constitute legal advice and no attorney client relationship results.

  3. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    Answered . I hope that you were able to get your continuance of yesterday's hearing even with the short notice. Let us know.

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