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?
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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
