Q: Does one of us need to request to cancel hearing? Or do we need to appear? What will happen if the hearing goes forward?
My ex filed a motion to modify custody. I opposed. Mediation was ordered. We agreed on one son, but not the other. The hearing was set for July 25 @ 2:15pm. Since then, we were able to reach an agreement: we agreed to keep our original custody and modify to reflect my move to Australia with both children. My ex withdrew his motions to modify and submitted our new agreement, asking that it is added to our original parenting plan. The hearing was not cancelled.
A: It's hard to know what would happen if you fail to attend the hearing. If you want to make sure the agreement is accepted by the court and turned into an updated custody order, you need to attend. If you are comfortable just relying on the agreement without getting the order changed, then you should get the hearing cancelled. Court time is a scarce resource these days. If you want to get the order changed, but can't be in town on the day the hearing is scheduled, you should ask the court to allow you to appear by phone. No good can come from failing to show up for a scheduled hearing.
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.
