Legal Question in Appeals and Writs in California
Going to lie
I have custody of my daughter. My
ex is appealing (he wants custody). I
can't afford an attorney so I'm
representing myself. The record was
filed two weeks ago. yesterday he
screamed at me that the reason he's
giving the court is that the court
made a mistake on the date the
evaluation to determine who kept my
daughter was changed from the
original date. What happened was
that the Judge gave a date for the
evaluation, we each had to pay half
the costs for it. He did not pay his
half in time, so the evaluation was
cancelled. He went to court and
asked the court to set another date
for the evaluatio, to which the court
agreed. I did not know he was
planning to argue that so i did not
submit any documents from that
court day. Can he do this?. Can he
make this seem like a court's error in
his brief?. What can I do to prove
how things really happened in my
response brief?.
2 Answers from Attorneys
Re: Going to lie
I am a family law attorney who does family law appeals. The appellate court will review the record of the superior court and consider those show a "legal" error that resulted in the wrong decision. No new facts are allowed, so his statements of facts will be disregarded. Rarely, would a continuance constitute a legal error. If that is his argument, there may be very little to respond to in the appellate court. When he has filed his brief, if you want me to review it, I can tell you how much it would cost to prepare a reply. It might not be very much. Good Luck, Pat McCrary
Re: Going to lie
I suggest you re-post this in the family law category where you will get many more responses.
Best of luck,
Bryan
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