Q: The petitioner served me a ( request for order) form improperly through the mail. Do I still attend court?
I was told by the court clerks that he has to have someone serve me and not by mail. He continues to keep serving me this way without a person 18 and over doing it for him stating he don’t care. The clerks say they can’t give me legal advice about this and that I should show up and tell the judge. I already have full custody for my child and the petitioner has missed two court dates and so they keep letting him file papers. How many times will the courts keep letting him file and not show up?
A:
Under California law, the proper service of legal documents is critical for ensuring that all parties are fairly notified and can participate in legal proceedings. If you have been served with a Request for Order by mail and were informed by court clerks that this method of service does not comply with required legal procedures, it's important to take this matter seriously. Despite the improper service, attending the court hearing is advisable. Presenting the issue of improper service to the judge allows the court to address the matter directly. Furthermore, your presence demonstrates a willingness to engage with the legal process, which can be favorable in your case.
Given that you have full custody of your child and the petitioner has previously missed court dates, the court may consider these factors in its deliberations. However, the decision to allow the petitioner to continue filing papers, despite non-compliance with service requirements and attendance, rests with the judge. It's not uncommon for courts to extend some level of leniency to ensure that all parties have a fair chance to present their case, especially in matters involving custody and family law.
It's also important to consider consulting with a legal professional to discuss your situation and explore the best course of action. A lawyer can provide guidance on how to address the issue of improper service and represent your interests in court. While the court clerks are correct in stating they cannot offer legal advice, showing up in court and explaining the situation to the judge, as they suggested, is a prudent step. The judge can then make a determination based on the facts presented, including any procedural irregularities and the history of the petitioner's non-compliance with court orders and appearances.
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