Ex-Spouse Obtained an Ex-Parte Custody Order While I Was Out of Town

[Dogmatique]

I think we're all waiting for clarification - there ain't much more to be said until OP returns.

Movie at 11.

[cdwjava]

My question involves a child custody case from the State of: Califonia

I recently separated from my wife and was forced to move out with my daughter (15) from separate relationship. We came to my family's home to re group and plan out our future moves on where to go from here.

Meanwhile over the last 3 weeks my daughters mother has been threatening ex parte everyday via email.

So, this refers to TWO DIFFERENT people, correct?

You separated from your wife and now the mother of your child is trying to take advantage of that separation to make a new play for custody?

I.E. pre 10am i get email stating ex parte hearing the next day. And by 3pm cutoff for paperwork nothing shows up in my email box. So Thursday I get the usual ex parte hearing tomorrow at 1pm. Them 3pm comes and goes and still no paperwork. Finally at 7pm i get the court documents and declaration. Full of exaggerated lies. So first thing in the morning i call courthouse and asked what can i do? They stated that i need to have response in by 10am....I'm 350 miles away. I decided (thinking that the judge would read thru the BS and not sign) to wait until after 1pm hearing and call back a find out outcome. He signed temporary emergency custody orders. So first thing first is i emailed my ex asking for copies of the orders so i could forward them to my attorney. She finally sent them this morning (Sat.) in jpeg format that i cannot read due to their small size.

Soooo ... you had not been served?

Your attorney can make lots of hay out of this. You must be served and must be served by someone not a party to the hearing/order. So, if the mother of your daughter was trying to serve you custody hearing documents SHE cannot do the service herself - email or otherwise. It would appear that there is no good service.

Contact an attorney ASAP. If she or someone else falsified the service documents, that's a potential crime.

What are my rights here? She's stating that she is driving hear tomorrow to pick my daughter up. My daughter is absolutely freaking out and told me she would runaway if she ended up back there.

Do i have to let her go with her tomorrow?

If there is a judge's order, and you have not even been served a copy of that order, no.

But, if she shows up at your place WITH a copy of the order, the police can serve you and enforce the order.

Judge ordered me to show up in court on the 20th for response. But that's 11 days away, and i'm afraid my ex will try and stick her in school to anchor her. Like i said before, my daughter DOES NOT want to go.

See above about service.

And, what your daughter wants is legally not relevant. If the court says she will go, she goes or you risk jail and then she will go. Either way, she will be going with mom if mom pushes the issue.

[mbuttrey66]

Hi,

Apparently i didn't clarify the fact that this daughter is from previous marriage. Her mom is trying to take advantage of the situation by making up false allocations. My daughter is terrified of going with her mom.

her mom is a classic alcoholic. She has gotten 3 DUI's in last two years. She even has court ordered ankle bracelet to guarantee she doesn't enter any places that sell alcohol. She rents a room from friend and already has her and two other daughters living in it. She has had her drivers license revoked for two years with no option of restricted license.

My job as a concerned father is to protect my daughter. If i have to go to jail i will.

I will be contacting my attorney Tues morning.

Thanjs everybody for your help.

My question involves a child custody case from the State of: Califonia

I recently separated from my wife and was forced to move out with my daughter (15) from separate relationship. We came to my family's home to re group and plan out our future moves on where to go from here.

Meanwhile over the last 3 weeks my daughters mother has been threatening ex parte everyday via email. I.E. pre 10am i get email stating ex parte hearing the next day. And by 3pm cutoff for paperwork nothing shows up in my email box. So Thursday I get the usual ex parte hearing tomorrow at 1pm. Them 3pm comes and goes and still no paperwork. Finally at 7pm i get the court documents and declaration. Full of exaggerated lies. So first thing in the morning i call courthouse and asked what can i do? They stated that i need to have response in by 10am....I'm 350 miles away. I decided (thinking that the judge would read thru the BS and not sign) to wait until after 1pm hearing and call back a find out outcome. He signed temporary emergency custody orders. So first thing first is i emailed my ex asking for copies of the orders so i could forward them to my attorney. She finally sent them this morning (Sat.) in jpeg format that i cannot read due to their small size.

What are my rights here? She's stating that she is driving hear tomorrow to pick my daughter up. My daughter is absolutely freaking out and told me she would runaway if she ended up back there.

Do i have to let her go with her tomorrow?

Judge ordered me to show up in court on the 20th for response. But that's 11 days away, and i'm afraid my ex will try and stick her in school to anchor her. Like i said before, my daughter DOES NOT want to go.

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Also i am in same state. Just 300 miles away at my familys.

[Dogmatique]

Thanks for clarifying that!

I'm not entirely sure why Mom is doing what she's doing, though. Put it this way: If the court starts to realize that Mom is doing this without good reason, Mom might end up pissing off the judge - and that's not going to help her much.

[cdwjava]

Thanks for clarifying that!

I'm not entirely sure why Mom is doing what she's doing, though. Put it this way: If the court starts to realize that Mom is doing this without good reason, Mom might end up pissing off the judge - and that's not going to help her much.

I'm thinking that (a) When OP and his wife separated and he had to move in with family, he moved further away from mom so her visits are either more difficult or more expensive due to travel; or, (b) the estranged wife has made some allegations that might bolster mom's attempts to gain custody or increased visitation by playing into some sort of child endangerment claim. So, from mom's way of thinking, this may not be without good cause.

[mbuttrey66]

Actually i am exactly the same distance away as before. Before i/we were in Socal. Now in Norcal. Ex is in central cal

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She did this 10 years ago when we were first in family court. She wrote a 45 page deposition about how all her problems were my fault. The commissioner scolded her and told her there was no way he was going to read that much ranting, and instantly gave us 50/50 joint legal joint physical

[Disagreeable]

How exactly was she planning on picking up your daughter with the court order and no drivers license one must wonder.

Actually i am exactly the same distance away as before. Before i/we were in Socal. Now in Norcal. Ex is in central cal

[mbuttrey66]

No i was never served. Just an email at 7pm stating next day hearing.

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I have no idea how she was planning on getting here. Maybe friend, maybe mom?

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How exactly was she planning on picking up your daughter with the court order and no drivers license one must wonder.

I have no idea how she was planning on getting here. Maybe friend, maybe mom?