I filed for an ex parte after my son's father, refused to drop off our son at my residence from his visitation last weekend. My son's father was a no show in court and the Judge told me this was no emergency and denied my ex parte. When I told the Judge that I did not want to modify a court order, only make it clear to both petitioner and I where the drop off is and/or who is responsible for the transportation from the visitation with father, the Judge said that "... it is clear to the eyes of the law, however it is inappropriate for me to comment on that since the other party is not here, I am setting this for a hearing." A hearing?! Really? To simply establish where the drop off is and who is responsible to transport? What is "clear to the law"? And does this sound favorable to me?Original order does not specify where or how the exchange would be made. Just that father is awarded every other Thur-Sun at 6pm. My soon to be ex husband took my transportation away after our break up and I am now basically carless and wants to force me to pick up our son from visitation. I just don't understand why the Judge didn't just tell me if it was my responsibility to pick him up or for father to drop him off- and if from the fact he set it for hearing he is going to make father drop off. If it is my responsibility as the receiving party to pick up, wouldn't the Judge just have told me there and then with no need of a hearing? What do you make out of the Judges action and words bc I am confuzzled?
What does the original order say about who drops off/picks up, and where? If it doesn't say, or it's not absolutely clear from the order, then either
you and Dad need to reach an AGREEMENT and get the agreement made into an order, or you and he will have to let a judge decide for you.
The judge was correct; ex parte applications are to fix emergencies, not because the original order wasn't clear enough.
Read your court order. If the judge thinks its clear, it must be stated there somewhere. If it is not, then I cannot understand the judges comment. There is no law on pickups or dropoffs. It is subject to agreement of the parties. The standard order we would use in this area is the receiving party does the transportation. That way, the receiving party gets the children on time and there are no complaints of h/w was late or h/w did not drop them off, etc...
Michael is in San Jose, California and can be reached at 408-295-4232 or at [email protected] Consultation fees, rates and retainers vary based on need and ability to pay.
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