What is the name of your state (only U.S. law)? CA
I have a question regarding a response to an OSC that I filed on 9/28/08
A little back ground as to the timetable of events and what is up coming.
Ex filed an OSC for support on 9/19/08 and the court date for this motion was 10/22/08.
I filed an OSC for visitation on 9/28/08 and the court date for this motion was set for 11/12/08.
During the court hearing on 10/22/08 counsel for my EX requested a 3111 evaluation (although the only issue on original OSC was support), I agreed and the evaluation was scheduled for 12/15/08 with a court date of 1/5/09. At the same time Counsel requested to continue my motion that was on the calendar for 11/12/08 and hear it on 1/5/09.
The exact wording on the court order reads:
“Parties agree to vacate respondent’s motion set for 11/22/08 and to continue his motion to 1/5/09”
I have yet to receive a response for my original OSC filed on 9/28/08. (I believe I must be served a response no less than 9 or 10 days prior to the court date.) Is counsel required to still file a response within this time, even if the original court date was “vacated” and moved to another date?
There are a couple of major issues that I want addressed during this hearing. If I do not receive a response, would I likely get what I am asking for? Any advice as to how to proceed would be greatly appreciated, as my court date on 1/5/09 is quickly approching!
I have a question regarding a response to an OSC that I filed on 9/28/08
A little back ground as to the timetable of events and what is up coming.
Ex filed an OSC for support on 9/19/08 and the court date for this motion was 10/22/08.
I filed an OSC for visitation on 9/28/08 and the court date for this motion was set for 11/12/08.
During the court hearing on 10/22/08 counsel for my EX requested a 3111 evaluation (although the only issue on original OSC was support), I agreed and the evaluation was scheduled for 12/15/08 with a court date of 1/5/09. At the same time Counsel requested to continue my motion that was on the calendar for 11/12/08 and hear it on 1/5/09.
The exact wording on the court order reads:
“Parties agree to vacate respondent’s motion set for 11/22/08 and to continue his motion to 1/5/09”
I have yet to receive a response for my original OSC filed on 9/28/08. (I believe I must be served a response no less than 9 or 10 days prior to the court date.) Is counsel required to still file a response within this time, even if the original court date was “vacated” and moved to another date?
There are a couple of major issues that I want addressed during this hearing. If I do not receive a response, would I likely get what I am asking for? Any advice as to how to proceed would be greatly appreciated, as my court date on 1/5/09 is quickly approching!