Emergency hearing to modify visitation/contact (California)

[WAMike]

What is the name of your state (only U.S. law) -- California

My wife and I have been separated since December of last year. This June she actually filed for divorce. The divorce has not been finalized yet. In the divorce papers I was to have ten days with my daughter during her Christmas break.

I had purchased her ticket, and then tonight, 12 hours before her flight was set to take off, I receive a call from my ex's attorney saying that they are filing for an emergency motion to with hold all visitation/skype contact (I live in WA) with my daughter and that she will not be boarding the plane to see me. The hearing is on this Friday.

I have never had an attorney as I can't afford one and I actually had trust that her mother and I could do this divorce cleanly. I have contacted my ex frequently over email since the divorce questioning her parenting on many issues (Mainly my daughter calling her boyfriend "Daddy XXX" and then her getting confused and calling me that name as well.) However I have never made any threats to either my ex or my daughter or her new boyfriend.

My first question is what does all of this mean in the big picture? How long do these things take to be resolved and is Friday just the day that they are going to actually hear this emergency motion or just the day that they are submitting it?

Is there any chance at all of me seeing my daughter anytime in the near future? Also is there any possible way this will actually go through and a Judge will approve of it? There is no physical or financial way for me to make it to California by Friday at 8am.

Thank you for any help.

 

[stealth2]

Fist thin tomorrow you need to call the court ant inquire about appearing telephonically.

do you know why they are doing this?

 

[WAMike]

I could only imagine because my ex is wanting to take away Christmas from myself and my family. She refuses to talk about any of the issues I have (Mainly my daughter calling me "Daddy boyfriendsname" and my concerns with her living with her boyfriend and the effect it is having on my daughter.)

The last time I saw my daughter was this summer when she stayed here for about a month and had a great time. Since then I talk to her on skype every few days if I don't miss the call (Her mother calls once on skype and then logs off for the rest of the day.)

 

[single317dad]

Fist thin tomorrow you need to call the court ant inquire about appearing telephonically.

do you know why they are doing this?

If you're granted permission to appear by phone, make sure you have access to a landline for the duration of the hearing, in a private area. This is not a time when you want to drop signal, have a low battery, or screaming kids in the background.

In order to get an emergency order, they'll have to name and prove a valid emergency. No idea what that claim might be?

 

[SmokeyParkCop]

What Specifically does your temporary orders say? They are the law of the land....

BTW, real dumb move to move so far away from your child and Judges don't like parental alienation like the mom having the child call her boyfriend 'daddy', if mom says she does this in front of the judge, they aren't going to be very happy....Living with the boyfriend you are going to have to get over, it makes no difference legally. They ALSO don't like either parent criticizing the others parenting style(don't EVER do this within ear shot of the child, best not to do it at all), when the child is with mom, let her parent her way, when the child is with you, you can parent your way.

Did you receive a summons? What reasons did she outline within it?

 

[single317dad]

BTW, real dumb move to move so far away from your child

I must have missed the part where OP stated he's the one that moved.

In fact, OP had a thread two years ago at which time he lived in WA.

 

[WAMike]

Yeah the ex moved away saying she was going to CA to work on her practicum (last semester of college) with her mother where it was more populated (We lived in a pretty rural area) and then stated that she had been cheating on me the whole time and was filing for divorce.

Also again no, I have no idea what sort of emergency they could be claiming. I haven't had my daughter with me since June and I never talk about her mother when I skype with her. From everything I have been trying to read these are mainly for like abuse and such, but again, I haven't been with my daughter, I haven't made any threats, and when I talk to her I talk about how her day was and nothing about this case.

I do criticize her parenting, but to her mother directly and never where my daughter could reach it. I realize it isn't obviously the best approach and I'm not trying to justify it, but I don't see criticizing her mother as an emergency to take away all skype contact and visitation.

Also I have no access to a landline either in my house, or any friends houses.

And if I may add another question, what should I expect in this hearing and what will happen if I can't make it?

And as far as the temporary orders from back in June state "The minor child shall spend ten (10) days of the school christmas break with father every year. During odd numbered years, Father's ten(10) days of custody shall include Christmas Eve and Christmas day"

Overall it gave physical custody to the ex and joint legal custody.

 

[OHRoadwarrior]

I would ask the court to order she pay for the tickets lost.

 

[single317dad]

This sounds shady to me. Your wife has a lawyer, and you do not. That lawyer has probably been advising her for quite some time. The fact that she waited ~6 months, just enough time to establish residency for the child, is telltale to me. Letting things get that far was a mistake, but that ship has pretty much sailed at this point.

Personally, I would counterattack here. Petition the court to hold her in contempt for violating the temporary order. Ask that she be required to pay for a new ticket and all related expenses for the travel change.

You really need a lawyer at this point. The fact that she has one and is ready to play dirty means things aren't going to get any easier from here on out.

One thing to keep in mind throughout the process: while CA doesn't allow grounds (such as infidelity) for divorce, if she's shacked up during the divorce, her need for alimony is "diminished" per Section 4343.

 

[WAMike]

Thank you for the advice, I am going to the local volunteer legal services center here in my county tomorrow. I realized myself after she left with my daughter that I should have filed then and there and beat myself over that mistake daily.

I am just terrified now that I am not going to get to see my daughter for christmas. We have been talking about this visit for weeks, she has been excited, we had plans laid out and completely undecorated our christmas tree because she wanted to decorate it with us.

 

[CurrentlyUndone]

Is jurisdiction in WA?

 

[WAMike]

I believe it is in CA since that is where the divorce was filed.

 

[SmokeyParkCop]

I believe it is in CA since that is where the divorce was filed.

I wish you the best! You should look into moving to California! Parenting time is going to be limited because of the long distances and you will miss a lot of the childs important moments, first words, first steps, after school activites, parent teacher meetings, homework, etc. These are things you will regret missing when the child gets older. Best to start looking for jobs and places to live now.

 

[WAMike]

I plan on it but for the moment I am taking care of my disabled parents and finishing my degree that I never had a chance to finish while married and working.

 

[CurrentlyUndone]

This sounds shady to me. Your wife has a lawyer, and you do not. That lawyer has probably been advising her for quite some time. The fact that she waited ~6 months, just enough time to establish residency for the child, is telltale to me. Letting things get that far was a mistake, but that ship has pretty much sailed at this point.

Personally, I would counterattack here. Petition the court to hold her in contempt for violating the temporary order. Ask that she be required to pay for a new ticket and all related expenses for the travel change.

You really need a lawyer at this point. The fact that she has one and is ready to play dirty means things aren't going to get any easier from here on out.

One thing to keep in mind throughout the process: while CA doesn't allow grounds (such as infidelity) for divorce, if she's shacked up during the divorce, her need for alimony is "diminished" per Section 4343.

He might just find that because of this new filing that nothing will happen to Mom. Had she just refused outright, then yes. But she's filed an emergency petition and these have a nasty habit of holding everything up without penalty while the issue is dealt with.

For the OP: If you don't turn up, Mom is likely going to get what she wants by default. Do. Not. Let. That. Happen. If you have to beg and/or borrow to make it (assuming you can't appear telephonically), you've gotta find a way to get down there. And ask her attorney - assuming that it is actually an attorney and not a friend who's pretending - to provide you with the case #.