I went to trial in regards to a move-away. I currently live in Mountain View and my ex lives in East Palo Alto, however she's trying to move to Salinas with my daughter. Her reason to move was because she said she purchased a house; she lied multiple times under oath that she purchased a house, when she really didn't - she's renting a "back house." Even the judge was concerned that her reason for her move seemed to be only to reunite with her husband that we barely even know about, and not really for the child's best interest. It was basically an obvious win for me, but I was shocked that the court granted my ex to move away with my daughter. I don't feel it was right. I truly feel she has some connection to the court or know someone who does. I want to know what I can do about this.
By in large, there are very few options. To file a formal Appeal can take a year and a half to two years to get a decision, and the Court of Appeals will only consider what is on the record. If your evidence was not properly presented, it will not be considered. They’re going to bite 2 nips of the apple. If new, different, and significant facts or changes of the law have occurred and they were not presented to the Court, you could file a Motion for reconsideration, but this must be done within 10 days. The issue of custody and visitation is always modifiable. You can file a Motion for modification if you have significant and substantial facts to justify a change in the parenting plan. These are the options that are available.
If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.
You have several options at the trial court level such as filing a motion for reconsideration or a motion for new trial. A motion for reconsideration must be based upon new or different facts, circumstances or law (CCP 1008(a)). A motion for new trial will be granted based on any of the following grounds required under CCP 657: Irregularity in the proceedings of the court preventing a fair trial, accident or surprise, newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial, error in law.
There are other options at the trial court level such as a motion to vacate or set aside judgment, or you can file for an appeal, which could take several years to be heard.
I recommend hiring an attorney if you don't already have one to explore your options and determine the best route to take.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline