QUESTION

I may be the respondent in an ex-parte hearing tomoro moring with my son's father who just served me thursday for visits. How can I best prepare?

Asked on Jun 21st, 2015 on Family Law - California
More details to this question:
My son's father is here on a tourist visa from abroad and just served me papers on wanting legal custody & visitation rights. This is his 4th visit to the US, and I have been cooperating and allowing supervising visits with myself present. Now it seems like he is going to file an ex-parte to get the hearing sooner so that orders may be issued. It may be tomorrow, as he told me, although the clerk's office on Friday at closing said that no ex-parte was file din this case #. QUESTION: What happens at the brief ex-parte hearing? DO I NEED TO BRING DECLARATIONS OR RESPONSE FORM OR JUST GIVE THE JUDGE A VERBAL STATEMENT? THANKS
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1 ANSWER

Civil Litigation Attorney serving Arcadia, CA
Ex parte hearings are heard only if there is an emergency basis. Court generally will not hear a matter ex parte if it can wait for the regular noticed motion date.  Based on the facts you provided, I would presume that the judge will not hear the ex parte (essentially denying it) becasue there is no emergency basis. And then set the matetr for a regularly noticed motion called a Request for Order. At that time you should file your response to the father's paperwork.  However, to asnwer your question about having any papers preapred for the hearing, generally you do not need to. Your testimony at the hearing would be sufficeint. But keep in mind, if the ex parte is denied and the court sets the matter for a regularly noticed motion, they you should file a response. But none is necessary for the ex parte.  Lastly, in order for you to be given notice, you must receive notice of the ex parte hearing before 10:00 a.m. one court date prior to the actual hearing. Notice may be given by telephone.  I hope I have answered your questions. Feel free to contact me if you would like to discuss your case in more detail. 
Answered on Jun 22nd, 2015 at 12:49 PM

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