Fresno, CA asked in Family Law for California

Q: How do I cancel Family law court date if response declaration consents to my request

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1 Lawyer Answer
Jami Kay Fosgate
Jami Kay Fosgate
Answered
  • Burbank, CA
  • Licensed in California

A: If the other party is agreeing to what you requested in your moving papers, you should prepare a Stipulation and Order for both parties to sign that memorializes the agreement and then submit that Stipulation and Order to the court for approval by the Judge. Do not cancel your court date unless you have a Signed Stipulation and Order to submit. The purpose of your court date is to present your argument to the Judge and ask the Judge to make an order . . . if you do not get a signed Stipulation and Order from the other party and if you cancel your court date because you think the other party appears to agree with your request, you will not have an enforceable order to confirm the agreement. You will have no court date to ask the Judge to make an order and you will have no agreement in writing with the other party.

You should contact an attorney for assistance. If you do not know any attorneys, contact your local bar association and ask for a referral. You may also want to contact the court's Family Law Facilitator Office or contact a local non-profit group that provides family law help, such as Neighborhood Legal Services. If you found this answer helpful, let me know by clicking the "thumbs-up" button at the bottom of this answer. Thank you. Good luck.

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