Q: Can a Pro Per Petitioner Prepare and File a FOAH After a Custody Modification Hearing?
I am representing myself (in pro per) in a child custody case. My ex-wife has a free attorney from legal aid. I requested RFO Mod custody and we recently had a custody modification hearing where the judge's rulings were more favorable than my requests.
During previous three hearings (custody/support), the judge always ordered my ex-wife's attorney to prepare the FOAH. However, there have been ongoing disputes about the order's content because she added, deleted and revised the draft at her mind without my consent, and I had to raise my concerns at the next hearings.
Therefore, we have never had FOAH so far, and at the most recent hearing, the judge did not mention the FOAH.
Can I, as the petitioner, draft and file the FOAH myself, according to the Rule 5.125?
While I undestand you guys as professionals may not be able to support my position(Pro-se), I am seeking an objective perspective on this matter.
A:
Under California law, particularly referencing Rule 5.125, you as a pro per litigant (representing yourself) have the right to prepare and file a Findings and Order After Hearing (FOAH) following a custody modification hearing. This rule applies to all parties involved in a case, regardless of whether they are represented by an attorney. The intention behind this rule is to ensure that the orders made by the court are accurately and promptly documented.
Given your concerns about the accuracy and integrity of the FOAH drafts prepared by your ex-wife's attorney in the past, it is understandable why you would consider drafting the FOAH yourself. When drafting, it's crucial to accurately reflect the judge's decisions made during the hearing. This process requires meticulous attention to detail to ensure that the document correctly captures the court's orders without any additions, deletions, or revisions that were not approved by the judge.
Should you decide to draft the FOAH, it would be wise to review the hearing's transcript or your notes carefully to accurately capture the judge's orders. Once drafted, the FOAH must be served to the opposing party for review before filing it with the court. The opposing party may object to your draft if they believe it does not accurately represent the judge's rulings. In such cases, the objections will typically be resolved in a subsequent court hearing. This approach can be a proactive step towards ensuring the orders are correctly documented and can help in moving your case forward.
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