Category

Court Orders

Apr 06
0

Your Family Law Case is not on Hold During the Court Closures

By | Court Orders, Divorce, Legal Document Preparation | No Comments

S.A.F.E. During Court Closures

 

Is your family law case “on hold” until the courts re-open? No. Certain matters are delayed, but there is work than can and should be done to move your case along in the process. Orange Coast Family Law, APC remains operational (remotely) and continues to provide legal services, including mediation services, telephonic and virtual strategy meetings, telephonic settlement conferences and hearing preparation during this volatile time in our society and legal community. Orange Coast Family Law adapts and remains fluid with the times.

It is time to be S.A.F.E.

STRATEGIZE: Strategize about how to approach the issues in your case, or more importantly, resolve those issues pending the re-opening of the courts. This is key. There may be a Request for Order that can be prepared and organized for filing. Outlining your declaration, gathering exhibits, making a list of potential witnesses, conducting witness interviews, and more. There is much to do to properly prepare. 

ANALYZE: Analyze your legal issues. This is a great way to stay organized with the game plan for your case. During a downtime in the court process, there are things you can do to get your case ready. You can collect documents and information through crafted discovery. You can confer with financial experts about the financial issues in your case. You can schedule telephonic or virtual meetings with a therapist or reunification counselor. Taking the time to analyze what is before you and how you will address your legal issues is important for any case and especially now.

FOCUS: Focus on family first. Prioritize what is important. Stay healthy, both physically and mentally. Focus on your children. Focus on preserving your financial estate rather than draining it through litigation. Focus on the end goal of your case and how to get from point A to point B. There is no time like the present to change the trajectory of your family law matter. Focus on which issues can be resolved, trying to deal with those head on now, even if only for a partial resolution. This will minimize what must be addressed in court at a later date once the courts re-open. 

EXHALE: Take a moment to breathe. Close your eyes, take a deep breath in, and exhale. You will find your way. Analyze your legal issues and give added thought to case strategy for resolving those issues amicably or through a planned and thoughtful course of action in court.

In the arena of family law matters, levels of stress and emotions often run high. In times such as the present, with the dangers of COVID-19 on the minds of many, that stress and emotion is amplified. People panic. People are losing their jobs, facing a reduction of income, unable to meet their monthly expenses and support obligations, have to shuttle children back and forth between homes with the concern of exposure to the Coronavirus on their mind, and all of this in the face of either no orders in place or orders that are not being followed by the other party/parent. There are many questions to be answered. 

We are here to help alleviate some of that stress with legal guidance, feedback and answers to your questions. It is an opportune time to use creativity to resolve legal issues when calm is needed most.

Let us lead you to calmer waters. 

Orange Coast Family Law attorneys offer a free phone consultation to get you on your way. You may submit an inquiry through our website at www.orangecoastfamilylaw.com or send an email directly to partner Ashley Sedaghat at ashley@orangecoastfamilylaw.com to coordinate an appointment today!

Sep 18
0

Registering Your Out-of-State Custody Order

By | Child Custody & Visitation, Court Orders, Divorce, Legal Document Preparation, Parentage | One Comment

Enforcement of Your Out-of-State Custody Order

If you have moved to the state of California from another state, you may register your out-of-state custody order for purposes of enforcement.  Once the order has been registered in your local court, if the other parent violates the custody order, you can pursue legal remedies to enforce the order.  Without the order being properly registered, the California court cannot enforce it.  

How to Register Your Out-of-State Custody Order

There are a few steps in the registration process.  

First, you must complete the required court form titled, “Registration of Out-of-State Custody Order” (FL-580).  You must attach two copies of your out-of-state order to the FL-580 form.  One of the copies must be a certified copy.  The other may be a photocopy.  You will sign the form under penalty of perjury asserting that, to the best of your knowledge and belief, the order has not been modified.  

Second, you must complete the required court form titled, “Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)” (FL-105).  This court form references other related cases involving your children, if any, an address history for your children and other related information.  

Last, you must complete any additional local forms required by your jurisdiction. For example, in Orange County the court requires a local form titled, “Family Law Notice Re Related Case” (L-1120) for all new matters.  

Once you submit your custody order to the court for registration, the court clerk will send notice of your registration packet to the other parent.  If the other parent wants to contest the validity of the out-of-state custody order, they must do so within 20 days of the date the notice was mailed to them.  The request must be in writing and filed in the court case.

The Court Hearing Process if the Validity of the Custody Order is Contested

At the court hearing, in order to avoid the court confirming the out-of-state custody order, the other parent must prove at least one of the following three things:

1.​The issuing court did not have jurisdiction.
2.​The child custody order you requested registration of has been vacated, stayed or modified by a court having jurisdiction to do so.
3.​The other parent was entitled to notice of the original order, but did not receive proper notice.  

Modifying the Out-of-State Custody Order Once Properly Registered in CA

Once your out-of-state custody order is registered in California, you may request a modification of the order under certain circumstances.  The circumstances in which you may request a modification involve a more complex analysis.  Our experienced attorneys can explain the process to you in more detail.

Free Consultation

Contact us today for a free confidential phone consultation so we can discuss your questions about the registration process to see if you qualify to request a registration in California and further, if you have sufficient basis to request a modification of the order once registered.