Check out some similar questions!

cth · Jun 19, 2013, 02:59 PM

I have an upcoming hearing for a request to change order, pertaining specifically to custody in Orange County, California.

I have acquired new evidence, and would like to present it to the court to demonstrate that my ex has not been following the existing order. The hearing is in one month.

What forms do I need to fill out and serve? If I need to use more than 1 page, should I do the statement on separate sheets or multiple copies of the same form? How do I attach the evidence I have acquired?

Thanks.

ScottGem · Jun 19, 2013, 03:26 PM

More details are needed.

When was the order you want to change issued? What is the existing order? How is your ex not following it? What is your evidence? What county court? Does the ex have an attorney?

cth · Jun 19, 2013, 03:41 PM

The original order was in 2011.
The original order has been modified two times in my favor, most recently a few months ago.
This is in Orange County, California.
My ex does now have an attorney, I do not have an attorney.
She has broken several items within the order, for example not allowing me to watch my children when she is unable to watch them herself. She was away on a vacation and left the kids with her parents and did not notify me or give me the opportunity to watch the kids when she was out of town.
The evidence includes emails, forms she has filled out, pictures, etc.

ScottGem · Jun 19, 2013, 05:08 PM

Originally Posted by cth

The original order was in 2011.
The original order has been modified two times in my favor, most recently a few months ago.
This is in Orange County, California.
My ex does now have an attorney, I do not have an attorney.
She has broken several items within the order, for example not allowing me to watch my children when she is unable to watch them herself. She was away on a vacation and left the kids with her parents and did not notify me or give me the opportunity to watch the kids when she was out of town.
The evidence includes emails, forms she has filled out, pictures, etc.

And what are you seeking? To hold her in contempt of the court order or to modify it in what way?

cth · Jun 19, 2013, 06:06 PM

I think I have a very solid contempt case, however going that route is much more complicated. If I knew how to proceed I would, because again, I believe the evidence speaks for itself.

Ultimately there are 4 items in the order that she has broken on a consistent and continuous basis. I have evidence demonstrating she has broken 3 out of the 4. The 4th issue is much more of a he said, she said, but I'll still include it.

As for an expected modification, I would be happy with getting full legal custody and modifying the visitation order so that I am the custodial parent and she has the same visitation schedule as I have now. Both of these I believe are firmly in my grasp, as long as the evidence is presented correctly.

ScottGem · Jun 20, 2013, 03:24 AM

OK, If she has an attorney and you don't, your chances are slim. While Family courts are less formal and pro se friendly, an attorney knows how to manipulate the system and will generally beat out the pro se parent.

As for the specific forms you may need. Talk to the court clerk. I would also check with local law schools. Many have clinics that will help fill out the paperwork.

I agree you have a good case for contempt, but it takes a lot to get custody changed from the mother, even in these days.

cth · Jun 20, 2013, 06:40 AM

Oh, I'm in a lot better position than most so I'm not worried about my lack of having an attorney. But I agree with your statement, and is why I'm trying to do research, they will manipulate the system and I need to be well prepared.

ScottGem · Jun 20, 2013, 07:05 AM

I asked one of our members more familiar with CA law to check out your question. Please keep us posted as to what is happening.

cdad · Jun 20, 2013, 12:44 PM

If your sure your evidence will stand up in court then send the other party interrogatories that support or deny your claim. Since the hearing is close you may or may not get an objection. That way it can open the door to a dispute to the findings from the opposing party. If being close to the hearing and an objection is raised because the timeline is too close then offer changing the date to next available on the calendar. Also when going to court your going to need 3 copies. 1) For yourself, 2) For the judge, 3) For opposing party to have a copy.

Are you sure that your evidence is legal and can pass legal muster of the courts ?