Palmdale, CA asked in Family Law and Appeals / Appellate Law for California

Q: Am I able to file an appeal as the father made false statements when really we agreed to split sons week off?

My ex and I have a son who went off track last month on July 9th until Aug 7th. But he had a week off before his actual off track vacation day which we split. I let my son stay with his dad July 4,5, and 6. Court orders state on the day off track vacation starts I am to have the first two weeks and the father the last two weeks. Father insists vacation started the week we split and demanded I return my son on July 13th instead of the 21st. I refused and asked him why was he doing this. He started an exparte which was denied but he was given a court day. I turned in my response on the day of court but stepped out to put money in the meter. Th bailiff announces break and offered for anyone needing to check the meters to do so now. I went and came back resulting in missing the hearing. I don’t know the results but my ex and his attorney are liars. She added that I will accept and not contest the evaluators recommendation to paperwork we had after I signed it. So I expect the worst.

1 Lawyer Answer
Angelina Bradley
Angelina Bradley
  • San Diego, CA
  • Licensed in California

A: As a party to the proceeding, you can go down to the clerk's office and request a copy of whatever the judge ordered that day.

You do have a right to appeal if the order was a permanent order, however, you will need to file a notice of appeal within 60 days of the hearing. On appeal, you'll need to show that some error was made by the court that requires the case be remanded (reheard) or reversed (undone). That will be hard to do if you weren't at the hearing to make objections about what was happening.

It's a tough place to be in. I'd start with getting the order to see what happened, then setting a consult with a family law attorney to get an idea of what your next move should be.

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