Redondo Beach, CA asked in Divorce, Family Law, Child Custody and Child Support for California

Q: [URGENT] My Wife's Attorney Named and Signed her own at EX PARTE APPLICATION!

I am currently reviewing my wife’s ex parte application (FL-300). The attorney for my wife, identified only by her first name (Jane) and last name (Doe), without any title (such as “on behalf of”), has signed in the “Signature of Applicant” section on page 4 of the FL-300 form. The ex parte application is seeking “Emergency Sole Custody” and “Emergency Spousal/Child Support”, but it is not related to any personal matter of the attorney. Can I bring this issue directly to the court’s attention? A Family Lawyer can conduct this? This is a category of mistake excusable?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is a little disconcerting to me that the signature was from "Jane Doe." That alone seems suspicious. While an attorney may sign an FL-300 on behalf of a client, the name of the "Jane Doe" is indeed quite suspicious to me. I would investigate this issue further and raise this potential procedural error to the court.

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