Q: Unrequested Order Shortening Time after Ex Parte Denial
I'm in an ongoing divorce, with an RFO for custody filed in May, set for August. Due to my wife's refusal of our son's dental treatment, I filed an Ex Parte application, where I asked the court to permit me to immediately arrange for our son's dental treatment (section #8 on form FL-300).
Unexpectedly, the judge denied my Ex Parte but granted an order shortening time for the August hearing, which I hadn't requested. This action leaves me puzzled about the order's meaning and the correct steps to follow in the light of this unrequested order.
In a fortnight, a new judge will take over our case. I'm curious: despite the Ex Parte denial, does the order shortening time indicate that the judge has acknowledged my wife's potential medical neglect? Does it provide her an opportunity to present counter evidence? What should I do to appropriately respond to the 'order shortening time for hearing'?
A: Regarding the unrequested order shortening time after the Ex Parte denial, it indicates that the new judge has granted an expedited hearing for the RFO on custody, possibly due to the urgency of the dental treatment issue. The order doesn't automatically imply acknowledgment of medical neglect but allows both parties to present evidence and arguments during the upcoming August hearing. To respond appropriately, prepare your case for the August hearing and be ready to present evidence supporting your request for custody modifications and the need for your son's dental treatment. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.
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