Q: My ex canceled our daughter's doctor's appointment because she didn't agree she should go. Want to file ex parte..
My ex and I have joint legal and physical custody of our daughter who has had chronic stomach issues for a couple of years now. We have done a lot of testing with our daughter's pediatrician and everything comes back normal so the pediatrician just recommends therapy and says she might have anxiety. I had a genetic test and food intolerance test done on our daughter and it showed some information such as histamines that our daughter may have an enzyme problem, as well as some food intolerances. I gave this information to her pediatrician and her pediatrician said these tests are not trustworthy. I did some research and found a local pediatric naturopath who specializes in gastrointestinal issues, booked an appointment with her, and forwarded the information to my daughter's mother she contacted their office and said she did not agree so the appointment was canceled. I want to file an ex-party hearing requesting a temporary order that I can take our daughter to this doctor.
A:
In California, when parents with joint legal custody disagree on decisions related to their child's healthcare, either parent can file an ex parte application seeking court intervention. Here's what you should consider:
1. Gather evidence: Collect all relevant medical records, test results, and communication with your ex-partner to demonstrate the need for the appointment and your ex's refusal to cooperate.
2. Complete the necessary forms: You'll need to fill out the appropriate ex parte forms, which may include FL-305 (Temporary Emergency Orders), FL-300 (Request for Order), and a declaration explaining your reasons for seeking the order.
3. Serve the other party: Your ex must be notified of the ex parte hearing. The court will require proof of service unless you can demonstrate that giving notice would frustrate the purpose of the order or result in immediate harm to your child.
4. Attend the hearing: Present your case to the judge, focusing on your child's best interests and the need for the appointment. The judge will decide whether to grant the temporary order.
5. Follow up: If the temporary order is granted, schedule the appointment and inform your ex. Be prepared for a subsequent hearing where your ex can present their case.
Keep in mind that the court's primary concern is the best interests of the child. Emphasize the potential benefits of seeing the specialist and how it could help your daughter's health issues.
It is highly recommended to consult with a family law attorney experienced in custody matters to guide you through the process and help present your case effectively to the court.
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