I have a superior family court hearing coming up that will be covering topics that are part of an appeal in the district 6 appellate court. This hearing was on calender before the appellate case was opened. I have communicated with the other party's attorney about continuing it with no response for over a week. Is there anything I can do to either cancel this hearing or ask for a continuance? The online court information states that the hearing is "Other". The past hearing states that we will select a Parenting Coordinator and figure out who will pay for it as well as a past full custody evaluation.
I feel that I should not say anything in this hearing if we are sworn in or otherwise because the communication can be used against me in the recent opening of an appellate court case.
If an issue pending before the court next week is up for appeal, then tell the trial judge this.
In the meantime, if you need to set up a process for better parenting and/or parent communication, then by all means do so. Being proactive in this regard is waaaay better than being passive aggressive. (If the question of the need for parent coordination is up for appeal, I suggest that you not hold your breath. Appellate Court will NOT reverse something like this; they will defer to the trial court.)
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You need to notify the Superior Court of the appeal that has been filed. You might want to lodge a document from the appeal filed showing the issues appealed. You cannot continue or take a matter of calendar without the consent of the opposing counsel. You should put your request in writing so you have the documents evidencing your request.
File an ex parte application to stay the hearing pending the appeal. Provide the Court with the appellate case, status, and attach pertinent documents (e.g., Notice of Appeal). Further advise the Court that you will not be able to testify at the hearing for the reasons you've provided.
You need to file an ex parte (emergency) motion to continue the trial court case pending adjudication of the Appellate case. I suggest you contact a certified family law specialist since these motions are quite technical. Thanks,
The real issue is the extent to which the trial court's jurisdiction over the order under appeal is stayed (suspended) by the the appeal. That is a tricky question, especially in custody matters.
I strongly recommend that you consult with an appellate law specialist with experience in family law matters (see www.sanjoseappeals.com),.
One last point: that the other parent has an attorney and you do not is a paramount problem. If the other side can afford counsel and you cannot, you may have the right to an order requiring him or her to pay your attorneys fees in whole or in part. If you have not explored this, I recommend that you do.
Best of luck to you.
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You should find a local attorney and get advice based on a better conversation. There are too many factors to consider to provide you better advice. You are not a lawyer, and you are best advised not to try and explain your version of the law to someone who practices it. It rarely comes out with you getting what you expected.
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