I am the petitioner and already filed an ex party- we also went to mediation and then went to our first court hearing. We could not agree so the judge requested another hearing with an OSC to be done- what happens next- Our next court dateis in two month- I know its not the actual trial, is there a certain term for each hearing or is this called a pre-trial- Basically how many times do you go to court and when would the trial start if it comes to this
A lot of this depends on the nature of your ex parte. I assume that it had to do with custody and/or visitation. Also, based on the fact that you didn't mention that the Court ordered temporary orders at the ex parte, I assume that the Court found no exigency. In either event, if you believe that exigency (an emergency) exists, as it would in the event of a child being harmed during visitations with the other parent, the Court should immediately be presented with evidence of this. If you believe that there is no emergency to modify the current orders at this point, you may appropriately wait for the currently set hearing. As to the issue of the "term" of your next hearing, I would be guessing to some degree, but it seems most likely that the next hearing is set for the OSC (the "Order to Show Cause" regarding your request). On the issue of how many times you would go to Court, there is no way to tell. I have seen OSC's involve numerous hearings, each dealing with one or more small parts of the issue at hand. Issues to consider are whether a psych evaluator has been appointed or is needed, the nature of the evidence and/or witnesses to be presented to the Court, and the relative complexity of the issue at hand. On the issue of when a trial might start, it may be that no trial will be needed. You may be able to resolve all the relevant issues by stipulation and/or at the OSC. It is likely that no trial date has yet been set in your matter. That being said, a Family Law "Trial" looks and feels a lot like a Family Law "OSC." In other words, your next hearing will present only limited issues to the Court, but has the possibility of resolving the issues presented with a certain level of finality.
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Please, no 3 postings in one half hour.
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Family Law Attorney
Try harder to agree. This situation is going to be with you a LONG time. Custody and support issues do NOT end with a trial or with judgment.They ONLY END when THERE ARE NO MINOR CHILDREN!
So-- meet each other half way. For everyone's sake.