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    proudmom14's Avatar
    proudmom14 Posts: 17, Reputation: 1
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    #1

    Sep 11, 2015, 10:20 AM
    Ex Parte to be filed by other parent, Is there anything I can file before
    Should I file any additional paperwork? CA - Family Status as of today, 9/10/15

    This is long and a bit detailed... apologies.

    I'm sure an "ex parte" will be filed req. temporary custody pending hearing. (Child is 11-yrs. old, no harm will come to child, etc. etc. and he is satisfied with new schedule).

    1. Other Parent texted child "I have a Lawyer and Mom is in for a big surprise and I don't care if she sees this text."
    2. Text sent to me "getting an injunction any day, no worries enjoy it while you can, expletive, expletive, etc. etc.
    3. Additional texts to me: name calling, profanity, etc. etc.

    *Copies of orders were sent via certified mail (9/10/15) this morning to other parent as suggested and will be filing proof of service with court this afternoon?

    Should I file my own request for temporary custody pending hearing? This was not requested when filing modification as I do not want to keep child from seeing other parent, his grandparents and uncle (as they all reside together) yet, he wouldn't hesitate to do that to me and which I'm sure he's trying to do. He does not have child's best interest at heart, he continues to deny child to attend family events and special occasions just to hurt me, not realizing he is hurting child.

    The other parent will continue to have joint legal custody and will continue to see child. Modification from joint physical changed to Sole Physical with me (where he has his own room and bed) instead of sharing room and bed with other parent. The only change in visitation was that child would have less transitions monthly (6 instead of 12) 1-overnight during week 2x month instead of previous 8-overnights/month. Other parent still has 1/2 summer/spring/winter breaks along with alternating Holidays and weekends.

    Any thoughts? Thank you.

    IBEW Local 18
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 11, 2015, 10:25 AM
    I would file a request to vacate the ex parte hearing pending the already scheduled hearing. But unless he can prove there is a danger to the child, I would be surprised if a judge agreed to change custody via an ex parte.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Sep 12, 2015, 07:47 AM
    I note that you have another thread here. I and others have responded to it. It would be best if you could keep all posts relating to the same issue (your child custody case) in one thread.

    An "ex parte motion" is simply one which is filed when it is alleged that there is no time nor need to notify the other party of the filing of the motion. In this case, you have filed other motions, etc. which may not have been served on the other party (the child's father, I gather; referring to him as "the other parent" is needlessly confusing). Accordingly, I suggest that you respond with a document simply stating that you have filed other things which you want considered, and attaching all of them.

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