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I will need to file an OSC to Modify an Order that occurred at my dirvorce ruling at Trial. I was going to do this via Ex Parte

Los Angeles, CA |

due to the timing. There were three sets of classes Ordered with specific professionals. Upon contacting them, there are conflicting dates and just not enough hours during the week to complete them. I have M/W/F/S visitation after work, Tue is a Court Ordered co-parenting class during the evening, Thur is another of these classes for toddlers in the evening. The third class is bi-weekly and the professional does not offer weekends. The evenings are full with the other classes, so the only other time is during business hours, which would jeopardize my employment. I requested in a Meet and Confer if we could stipulate to a comparable professional and opposing Counsel is unresponsive. If I serve Ex Parte, how do I guarantee that opposing counsel will show-up? I do not have funds for a lawyer

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Attorney answers 1


If you "notice" an Ex Parte hearing (check with the clerk about days and times available for Ex Parte hearings), it is likely that the opposing counsel will show up, but even if he/she doesn't, the Court will hear the Ex Parte matter. Prepare a quality application, with a factual declaration, and demonstrate to the Court that it is an emergency matter - that you don't want to be in contempt of the Court's prior orders, but that compliance isn't possible without risking loss of your job or visitations. Find other comparable professionals, contact them regarding their cost and availability at times you are available, get their CVs, and address your dealings with them in your Declaration and attach their CVs as exhibits. Demonstrate that the opposing counsel was unresponsive to your meet-and-confer effort. Appear at the Ex Parte hearing with copies for opposing counsel and prepared with your argument to persuade the judge.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.