My X parte was denied today?
1 attorney answer
Yes. You must always serve every paper you file with court (excepting a request to waive court fees) on the other party. Under CA Rules of Court Rule 3.1206 you should already have served the other party with all of your papers. If you have not, you must do so immediately.
Generally when an ex parte is denied it is set as a noticed motion for a future date. Unless otherwise instructed by the court your ex parte request for order (filed on the same FL-300 RFO form as noticed motions) serves as your motion for the noticed hearing.
The other party must know all that you are presenting to the court so he may respond to it; this is basic due process in our legal system. I understand this may put your kids in a tough position if they have made allegations against him, but that should have been part of your calculation when you were drafting the motion & declaration.
You cannot hide evidence from the other party that you show to the judge. Not how our system works.
If you have serious concerns about the welfare & safety of your kids based on this filing I recommend you retain an experienced local family law attorney who will explain more options to you.
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