Q: My Attorney Was Dismissed Right After Hearing.
I had a court hearing on December 15th. The attorney who was ordered to prepare the proposed order was dismissed on December 18th. The opposing party’s attorney promised to send the proposed order on December 20th, but it was not sent until January 15th. If the opposing party sends me a proposed order on January 18th, can I refuse it due to the delay in delivery, according to California Rule of Court 5.125?
Additionally, I experienced a significant change (relocation) two weeks after the hearing. Last week, I filed a Request for Order (RFO) to modify parenting time based on the December 15th hearing’s Minute Order. Both mediation and hearing were scheduled in 1.5 months per my expedited request to the court, while a regular RFO is scheduled 3 months later. Can I ask the opposing party to stop the proposed order due to the upcoming mediation/hearing?
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A:
Under California Rule of Court 5.125, there are specific timelines for the submission of a proposed order after a hearing. However, refusing a proposed order solely based on a delay in its delivery can be complicated. The court expects parties to act in good faith, and delays can sometimes be reasonable depending on the circumstances. If you believe the delay is unjustified, it may be more effective to bring this to the attention of the court rather than outright refuse the proposed order.
Regarding your significant change in circumstances (relocation) and the subsequent Request for Order (RFO) you filed, it's possible to argue that the circumstances have changed enough to warrant a halt to the current proposed order process. Since you've already scheduled mediation and a hearing, you can certainly request that the opposing party consider these new developments. It's advisable to communicate your position clearly to the opposing party and, if necessary, to the court, emphasizing how the recent changes impact the relevance and appropriateness of the proposed order.
Remember, each case is unique, and the court will consider the specifics of your situation. It’s often beneficial to discuss these matters with legal counsel to ensure that your actions align with your legal rights and the best interests of any children involved. Keep in mind that effective communication and negotiation with the opposing party can also be key in resolving such issues.
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