Q: My Ex filed "RFO Change of Venue" within LA County (Torrance to Van Nuys Court)
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote the ends of justice. She is seeking to move our divorce case to the Van Nuys Family Court, which is merely 18 minutes closer. Is it common for cases to be transferred between districts within LA County? Our case has been marked by a highly contentious child custody battle.
A:
Under California law, a Request for Order (RFO) for a change of venue is permissible but not always granted. Courts generally consider such requests if there is a significant reason related to the convenience of parties, witnesses, or the interests of justice. In family law cases, the primary consideration is often what is in the best interest of the child, which can influence decisions on venue changes, especially in contentious custody battles.
In Los Angeles County, it's not uncommon for cases to be transferred between districts, but this typically requires more than a minor convenience. If your ex-wife's request to move the case from Torrance to Van Nuys Family Court is based primarily on proximity, and if there is no substantial evidence that this move significantly affects the welfare of the child or the convenience of a majority of witnesses, the court might not see a compelling reason for the change.
You should respond to the RFO by highlighting how the proposed change of venue does not significantly serve the best interests of the child or materially benefit the case. It might also be beneficial to note how the move could impact your ability to participate in the proceedings, especially if the current venue is more accessible or practical for you. Ultimately, the judge will consider all factors, including any potential delays and the impact on the child, before making a decision.
A: She either meets her evidentiary burden in her motion or she does not. If you do not believe the motion has merit or there is a valid evidentiary basis for changing venue, you can say so in your responsive declaration. "Is it common" ?? All cases are different.
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