Emergency hearing to modify visitation/contact (California)

[LdiJ]

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?

Please stop calling everything parental alienation. You are going to cause someone to use that phrase in court sometime when its not appropriate and cause them to lose credibility with the judge. I agree that mom is wrong for having the child call the boyfriend "daddy XXX", however from dad's description the child is obviously not alienated from him.

 

[Ohiogal]

Please stop calling everything parental alienation. You are going to cause someone to use that phrase in court sometime when its not appropriate and cause them to lose credibility with the judge. I agree that mom is wrong for having the child call the boyfriend "daddy XXX", however from dad's description the child is obviously not alienated from him.

Actually I will say this -- having a child call a boyfriend Daddy (even with another name) could be considered as a SIGN of ATTEMPTING to alienate by the courts.

 

[WAMike]

So looks like any sort of telephonic appearance has to be scheduled 3 days in advance....and it is tomorrow at 8am. No time to schedule it or even make the drive to CA considering I had the money to do that.

So am I just screwed until the judgement or is there even a chance that the commissioner will look at this request, not see any sort of proof and just deny it?

 

[SmokeyParkCop]

So looks like any sort of telephonic appearance has to be scheduled 3 days in advance....and it is tomorrow at 8am. No time to schedule it or even make the drive to CA considering I had the money to do that.

So am I just screwed until the judgement or is there even a chance that the commissioner will look at this request, not see any sort of proof and just deny it?

Were you properly served?

 

[WAMike]

I haven't been served anything. Yesterday at 5:20pm her lawyer called and left a voice mail saying that they were going to court on Friday the 20th for this emergency hearing to take away all skype contact/visitation and that my daughter wouldn't be boarding her plane this morning at 6:30am.

I haven't received any paperwork or anything else.

 

[single317dad]

If they've managed to get an ex parte hearing, then all they have to do is give notice by 10a.m. the day before the hearing.

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1204

I would be on the phone with an attorney this morning, finding out what my options were. While it may be possible to get the hearing continued, that wouldn't do you much good as far as seeing your child over Christmas break.

My next call, I would be on the phone with my local Yakuza finding out what my kidney is worth.

 

[LdiJ]

I haven't been served anything. Yesterday at 5:20pm her lawyer called and left a voice mail saying that they were going to court on Friday the 20th for this emergency hearing to take away all skype contact/visitation and that my daughter wouldn't be boarding her plane this morning at 6:30am.

I haven't received any paperwork or anything else.

There almost has to be something that you are not telling us. Attorney's don't agree to file ex-partes on a whim. They don't want to lose their own credibility with judges.

 

[stealth2]

Were you properly served?

Porkchop - do you know anything about emergency or ex parte hearings?

 

[WAMike]

Trust me, I really wish there was something else to this situation. Weeks ago I bought her ticket and told her mother all of the flight info, I gave her the links to the guardian contact forms through the airlines so that we can drop off and pick up our daughter. I talk to my daughter every few days, we count down the days until she gets to come see me and her grandparents and I email her mom again with my concerns about my daughter using "daddy XXX" to refer to me when "XXX" is the name of her boyfriend.

Then at 5:20pm yesterday I get the voice mail from her attorney stating that they are going to court on Friday to put in an emergency motion to remove my visitation and skype contact. I have no idea what the point of this hearing is or what they could be basing it on. When I got the calls I was getting ready for bed myself so that I could go pick her up in the morning since it was an early flight and we live a few hours away from the airport.

The only time I have had her was during the summer before my wife filed and I returned my daughter as we had planned on, and while on skype I never discussed my wife or anything relating to the divorce. I am bewildered at the suddenness of this and wondering what it is about and why I came here for advice.

The direct quote is "ask for emergency orders suspending visitation and skype contact between me and my daughter until further order of court. This also means she will not be getting on a plane tomorrow to travel for visitation. We wanted to get notice to you so you would have that information ahead of time."

Every bit of information I have found is usually these are for abuse of the child or fear of kidnapping? But I haven't done anything of the like so again, I am completely lost as to where this would come from unless it is some sort of spiteful move to take my daughter away from me during christmas, but I would like to believe a lawyer would never actually want to do that.

 

[single317dad]

You can bet your bottom dollar there will be some sort of claim made at the hearing, and it will not be pretty. Either way, you need to be represented now, and if you can't represent yourself, you need to hire someone who can.

 

[WAMike]

I figured there would be, but for this type of order, the ex-parte? don't they need to provide adequate proof of their claims? Because there is no way I can get to CA by tomorrow morning at all.

 

[Ohiogal]

How old is your daughter and who was flying with her?

 

[WAMike]

She is 5, going to be 6 in January, so she just met the requirements to fly alone with Alaska Air under their programs. That is why we needed to fill out the guardian contact forms so that we could drop her off and pick her up at the gates.

 

[Ohiogal]

She is 5, going to be 6 in January, so she just met the requirements to fly alone with Alaska Air under their programs. That is why we needed to fill out the guardian contact forms so that we could drop her off and pick her up at the gates.

And there is the reason for the emergency hearing. A five year old flying alone? YOU should have flown down to get her. No really. You should have. I place even odds that mom doesn't her five year old flying alone. And the judge will NOT most likely force the issue of a five year old flying alone.

 

[WAMike]

Okay, but why would they have not brought this up to me weeks ago when I booked her flight? Her mother has known it would be her alone the entire time, why would they bring it up 12hrs before her flight?

And in addition, would that really give them the right to take away all of my visitation and skype contact? Booking a flight and then her mother not even talking to me about any concerns?