I recently requested an Ex Parte / OST hearing in the Riverside Court because I needed certain things changed for the drop off and pickup location and a request requiring the police to be present for our final exchange in my custody and visitation orders because my ex has been causing problems and occasionally abusing my kids. I included the Ex Parte and OST in the same request so that if I didn't receive one, that I could receive the other because it was something I needed done ASP. Well the judge denied both and gave me a date 15 day after the exchange date. So I would like to dismiss this court date. I have not served my ex anything but I did notify him of the Ex Parte hearing date which is something of course that never took place.
You should be able call the Court and ask that your hearing be taken off calendar. However, if the issue is going to continue regarding the drop off and pick up, you might want to have the Court make the order for the future exchanges. Or, have the Court order that the exchanges are in front of a police station. Further, if you are ever afraid of your ex, you can contact the police to be at the exchange to make sure that it is a peaceful exchange. Good luck.
As the moving party, you should be able to call the court clerk and dismiss or take the matter off calendar. It can sometimes be difficult to get a clerk on the phone. If you do not take care of it by phone, you can go the hearing and let the court know that you are dismissing the matter. If there is any chance that this could reoccur, you want to dismiss it without prejudice. You wrote that your ex has abused your kids. If your children are still minors you should talk to a lawyer about this.
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