California  |  Family Law

Legal Question

Asked on: 4/13/13, 4:59 pm

Your Open Question: Is it right that a family court judge made an order if I was never served papers?

I got a notice that my ex filed for custody modification with some hand written notes on his reasons. The papers also had a mediation date which I missed because I was late - couldn't find the place. My bad big time - I know this. But before this my ex filed another packet of papers with letters and more reasons of his for custody revision. He sent them to me certified mail apparently but I never got them because I wasn't home to sign. I went to my court date and the judge told all the people in the room that if the other party has not been served papers then to do it now. He also sent all custody matters to go outside and try to work out. i asked my ex for the packet/documents so I would know what I needed to explain or justify if needed. My ex told me he didn't have them but too bad because they were sent certified mail. When it was our turn I hardly got a chance to speak. The judge ruled in his favor and shut me down. I still have not seen what's in that packet and my time with my kid is significantly reduced. Im a good mom who has dedicated her life to her son. my ex is a liar who i used to have to have a restrainibg order against. He was also ordered to anger management twice. He's an abusive guy and I don't see how this happened and why the judge wouldn't let me talk and at least say I can't see what you're seeing.. I never got served. The post office said the papers got sent back to my ex five days before our court date so he was well aware that I never saw them but told me he had proof that I did receive- again he's a liar. The order is a "temporary order" because mediation has to take place - because I missed it. I was about to break out in tears so quickly left the court room. My ex called me and said mediation got rescheduled but not until August.

My main issues:

*is there anything I can do about this temporary order because I was not served and the judge hardly let me get two words out?

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