Marietta, GA asked in Family Law for California

Q: Is it true that FL679 can only be used in child support cases? I have a custody/divorce case in Ventura County Court

But I'm living in GA with my two children. I was given Sole Physical and Legal custody of my kids in Feb 2011 and have traveled to CA three times since Feb for court appearances. I am in a extreme financial hardship and cannot afford to fly to CA for my court hearing 9/12/11 with regards to the divorce. I tried filing FL679 based on the reason aforementioned but was informed I could not file it, and would have to appear in court. Do I have any other options aside from having to be a NO SHOW in court?

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1 Lawyer Answer
Thomas D'Arcy Ferreira
Thomas D'Arcy Ferreira
Answered
  • Carlsbad, CA
  • Licensed in California

A: I'm certainly sorry to hear about your difficulties. It certainly is difficult to handle your case from Georgia when it is venued in Ventura County.

I would agree that you can't use the FL–679.this form is only for use in government cases, such as those filed by the Department of Child support services.

I practice in San Diego County, but I was able to find answer to your question by reviewing Ventura County's local rules. Go to http://www.ventura.courts.ca.gov to find these.

You certainly do not want to be a "no-show" for your hearing in Superior Court. This strategy will expose you to order from the California court that will likely be enforceable in Georgia, where you live.

California Rules of Court can be found at www.courts.ca.gov, and you'll want to look at rule 3.671(g) (1) (B) providing that three days written notice is required before the court hearing. You need to give notice to the other side, either by telephone or in writing, that you intend to proceed in this fashion.

Also, you will want to read Ventura local rule 700, relating to telephone appearances. Go to http://www.ventura.courts.ca.gov/pdf_files/ventura_county_court_rules.pdf for the complete text of Ventura's local rules.

I am assuming that you are self – represented.I feel your pain, as I had a devil of a time finding telephone numbers for this court.the number for family law is (805)654-2261. The number of the self-help legal access center is (805)654-3962.

I would urge you not to wait until tomorrow, but to call today and find out from a live person how to proceed with a telephone hearing in Ventura. You may also wish to contact an attorney specializing in family law, who practices in the Ventura area.

I hope I have been of some assistance here.

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