i am the plaintiff in an osc to modify visitation and
support on a seven year old divorce. after filing and
serving the defendant i was instructed to go to the da's
office as they could handle this situation for me. i
informed the other party that i would not be following
through with the court hearing. i asked the clerk to
remove it from the calendar, she said she did but it is
still on for the 30th. i did not attend the orientation or
mediation required by our court but the defendant did.
what happens if i don't appear and should i file the
letter from the da's office showing the opening of the
support enforcement case with our court case file?
1 Answer from Attorneys
Re: court procedure
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry; however, I would say that, the day before the hearing, you should check with the courtroom clerk or online (if your county provides online calendars) to determine whether the hearing remains on calendar. If so, appear and tell the judge what is going on. Usually DCSS (formerly the DA) and/or Family Support Commissioners do not get involved with modification of visitation orders but rather support issues only. Conversely, the "regular" Family Court will not get involved with support enforcement once a DCSS file has been opened.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.