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
Answered
  • 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.

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.