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  1. #1
    Join Date
    Apr 2019
    Posts
    11

    Default What Happens if Mom Doesnt Show to Hearing

    My question involves child abuse or neglect in the State of:CA


    Hello. I was wondering what would happen if my ex doesn't respond to my complaint, misses the mediation date and doesn't come to the hearing.

    will the judge order kids to stay with me even with a 3044 presumption ?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,150

    Default Re: What Happens if Mom Doesnt Show to Hearing

    Is this a civil or criminal case?

  3. #3
    Join Date
    Oct 2006
    Posts
    15,521

    Default Re: What Happens if Mom Doesnt Show to Hearing

    Quote Quoting PayrolGuy
    View Post
    Is this a civil or criminal case?
    Posting history is a must.

    Quote Quoting csbattle
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    My question involves child abuse or neglect in the State of:CA


    Hello. I was wondering what would happen if my ex doesn't respond to my complaint, misses the mediation date and doesn't come to the hearing.

    will the judge order kids to stay with me even with a 3044 presumption ?
    Your children won't be IN CA if mom doesn't show for the hearing. If mom doesn't show the judge will probably give her another chance to show, because of the 3044 presumption. I don't think that the judge will want to give a default ruling as he cannot be certain that it would be in the best interest of the children.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,544

    Default Re: What Happens if Mom Doesnt Show to Hearing

    Quote Quoting csbattle
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    Hello. I was wondering what would happen if my ex doesn't respond to my complaint
    Any number of things might happen, but a lot depends on the nature of the complaint. Is this a civil action? Family law? Criminal? Your reference to a mediation suggests it's not a criminal matter, but that only helps a little.


    Quote Quoting csbattle
    View Post
    misses the mediation date
    If only one party to a mediation shows up, then the mediation won't take place.


    Quote Quoting csbattle
    View Post
    and doesn't come to the hearing.
    Depends on what sort of hearing it is. Clients don't typically attend the overwhelming majority of hearings in civil and family law cases.


    Quote Quoting csbattle
    View Post
    will the judge order kids to stay with me even with a 3044 presumption ?
    You've told us absolutely nothing about your case (other than what can be inferred from your reference to FC 3044), so I'm not sure how you think anyone here could make any sort of intelligent prediction.

  5. #5
    Join Date
    Oct 2006
    Posts
    15,521

    Default Re: What Happens if Mom Doesnt Show to Hearing

    Quote Quoting pg1067
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    Any number of things might happen, but a lot depends on the nature of the complaint. Is this a civil action? Family law? Criminal? Your reference to a mediation suggests it's not a criminal matter, but that only helps a little.




    If only one party to a mediation shows up, then the mediation won't take place.




    Depends on what sort of hearing it is. Clients don't typically attend the overwhelming majority of hearings in civil and family law cases.




    You've told us absolutely nothing about your case (other than what can be inferred from your reference to FC 3044), so I'm not sure how you think anyone here could make any sort of intelligent prediction.
    Again, posting history is a must.

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