San Diego, CA asked in Family Law for California

Q: Can I file an OSC to vacate a judges previous order in a child vistation case?

The judge granted a transfer of our child custody case from one county to another. However, the opposing party has not paid their portion of their transfer fees and refuses. Is it advisable to file a OCS to vacate previous in order to have the case heard in the original county? The respondent and I currently reside in the same county; however, my stay is temporary due to military orders and my home county is where the case is currently located. Is it common for the court to hear cases when both parties and the dependent child live in different counties, even if we are here due to military orders?

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1 Lawyer Answer
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
Answered
  • Santa Monica, CA
  • Licensed in California

A: I would like to know who filed for the transfer, I'm guessing it's you. Since the opposing side has refused to pay, you may find that the case remains where it is until both parties have paid. Which is what you want.

Of course, you're probably going to have a hard time getting your money back.

Feel free to check out my website and call me if you need help. www.MensFamilylaw.com

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