HOW to file a motion to transfer venue by mail,

ALeigh · Mar 14, 2011, 11:04 AM

I reside in a different county some 400 miles away from where the petitioner filed. This is a family court matter and I reside in Solano County CA and the petitioner is in Riverside county.

smoothy · Mar 14, 2011, 11:56 AM

Typically the person Filing the case gets the pick of venue, not the defendant.

Someone is going to have to travel.

Sure you CAN petition the court where the case if filed in... but don't expect to be able to make the other side bend over backwards to travel for your convienience.

ALeigh · Mar 14, 2011, 01:13 PM

This is a family law issue, both the child and myself reside in a different county. I need to know the process of filing by mail not whether I can. Under California civil code of procedure 396(b) and 397(a) I am within my rights to request the change of venue.

ALeigh · Mar 14, 2011, 01:14 PM

This is a family law issue, both the child and myself reside in a different county. I need to know the process of filing by mail not whether I can. Under California civil code of procedure 396(b) and 397(a) I am within my rights to request the change of venue.

cdad · Mar 14, 2011, 04:25 PM

Originally Posted by ALeigh

this is a family law issue, both the child and myself reside in a different county. I need to know the process of filing by mail not whether or not I can. Under california civil code of procedure 396(b) and 397(a) i am within my rights to request the change of venue.

Why don't you give us some timelines and maybe we can help you. If the original order was out of Riverside and atlest 1 party still lives there then there is no change of venue to take place. What's going on here so we can try to help.

ALeigh · Mar 14, 2011, 05:14 PM

There is no order, my daughters father filed a petition to establish parental relationship in which I have 30 days to respond. I wish to have the whole matter moved to the county our daughter and I live in which is solano county ca.

I have until this Friday to respond but I don't want to respond I wish to file a motion to transfer venue

ScottGem · Mar 14, 2011, 05:49 PM

Here is a sample motion
Sample Motion for Change of Venue for California

But you may have to pay for it.

While the law allows you to ask for a change, there is no guarantee it will be granted. And you could be found liable for his costs in fighting the change.

smoothy · Mar 15, 2011, 04:49 AM

Originally Posted by ;

ALeigh does not find this helpful : i need to know the process of filing by mail

You DID take the time to reed the site rules,. didn't you. Then you would know you violated them with that rude not helpful.
What I gave was accurate. Because YOU failed to be specific in your request was a failure on YOUR part. OPINION is never a valid excuse.

Nobody here reads minds.

And Incidentally... YOU are going to have to convince the court WHY your convienience is MORE important than the rights of those filing the suit. And YOU never addressed that. Why should THEY have to pack up and travel a long distance because you can't be bothered to.

If you can't do that... why do you think the court will take your side. That's not how the legal system typically operates in this country. The prosecution has the luxury of picking the venue. RARELY ever does the defence. And then only if a fair trial can't be achieved in the original venue.

ALeigh · Mar 15, 2011, 10:16 AM

I have completed this paperwork. I need to know the process for filing by mail.

ALeigh · Mar 15, 2011, 10:18 AM

Sir if you will excuse me I know I have the right to petition for a change of venue and to request that the petitioner pay the cost. I simply need to know the process for filing by mail. Thank you however you are in virginia and not California,
I thank you for your time.

smoothy · Mar 15, 2011, 10:28 AM

So... CALL the Court in question and get the information THEY need. And the Forms THEY need. Without the correct address nothing you will do will matter.

You know which court it is... go online and get the number.

But when they tell you no... remember I told you so.

Funny how so many people think EVERYONE has to alter their lives so they aren't inconvienienced at all. Like I said... give it a shot... but if YOU don't convince the court why YOUR inconvienience is more important than the people who filed the case is... YOU will be travelling 400 miles or losing the case by default. I know YOU don't want to hear that... but that's how it works.

And you could have had it in less time than you have spent bellyaching at me about what RIGHTS you do and don't have. Remember the person filing against you has rights too.

Courts ARE online these days.

ScottGem · Mar 15, 2011, 11:47 AM

As Smoothy said, call the court and find out the address and to who's attention to send it to. That's not something we can really help with. But I think you read the law incorrectly. If you they decide to not grant your petition YOU will be the one to pay his costs in fighting the change.

cdad · Mar 15, 2011, 01:13 PM

At this late hour ask if you can Fax the documents for filing and send a hard copy to follow.

That way you won't miss your deadline.

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