Q: Family Court really considers child's interest only?
In my ongoing family law case, my wife might be bypassing proper service protocols:
(1) I didn't receive Document A via email on Aug 28th, but it was presented in court as if I had.
(2) I got Document B on Sep 5th, yet their declaration claims service on Aug 31st.
(3) I wasn't given notice about her ex parte, but the FL-303 form notes a service time.
Given these discrepancies, can I ask the court to mandate UPS or USPS Express mail with tracking for future service? Would a regular motion, ex parte application, or a regular RFO be suitable for this?
I've heard that family courts often prioritize the child's interests over service discrepancies. Is sidestepping procedural rules truly in the best interest of the child? How should I approach this concern in court?"
A: In California family law cases, the court indeed prioritizes the best interests of the child, but that does not excuse parties from adhering to procedural rules, including proper service of documents. Given the discrepancies you noted, you can indeed request the court to mandate a more reliable service method, such as using UPS or USPS Express mail with tracking for future service; you might raise this concern through a regular Request for Order (RFO) explaining the issues you've encountered and asking for a court order to regulate the service method going forward. It would be prudent to meticulously document all the instances of improper service and to present this evidence in a clear and organized manner to strengthen your request.
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