Hi I am supposed to file a OSC to dismiss our expired dissolution petition with no minor children filed in 02/2005 per the 5 year rule. It was a highly litigated case which include a joined party and attorney for the minor child. Temporary orders were made in 10/2008 which now included our child born in 08/2008. The case has been stagnant since 04/2010. A CMC was scheduled. Both party's have responded so an OSC needs to be submitted in order to dismiss. Attorney for minor child filed an OSC and injunction to prevent dismissal which the judge denied at the hearing stating the case will be dismissed once filed. I don't even know how I am to prepare this OSC re dismissal per the 5 year rule. Can someone explain how this is to be written and submitted. I don't want to mess anything up because of not following proper procedure or leaving something important out of the filing.
State/Country relating to question: California
Responded to attorney for minor child OSC
Do both spouses want to dismiss the dissolution action?Did they reconcile?
Hello both my hubby and I agreed to the dismissal but since the paternal family has been visiting with the hubby I can't say for sure now at this point. We did reconcile and have been together.
At the hearing the judge said it doesn't matter if the other party's didn't agree to dismiss only required one of the party's to want the dismissal
If you fill out and both sign this form and file it, the action will be dismissed.Otherwise you would use the regular OSC form, posted athttp://www.courts.ca.gov/documents/fl300.pdfI hope this information is helpful.
I know what the form numbers are I would like to know what needs to be included with regard to temp custody orders if anything. Do all orders also get dismissed our do I need to also request that they also be dismissed per the five year rule.
If the action is dismissed, any temporary orders are also vacated. If there is no pending action, there cannot be any temporary orders.
So all that's required is to fill out the forms and I don't need to include any supporting facts only the 5 year rule? The case expired 02/2010 and the time frame to keep this case active has now closed.
Hello, Different contributor here. Please permit me to assist. The other contributor is offline. You asked:So all that's required is to fill out the forms and I don't need to include any supporting facts only the 5 year rule? The case expired 02/2010 and the time frame to keep this case active has now closed.A: There are a couple of different issues here: 1. Minor's counsel has no authority to keep the case open if both spouses want it dismissed, because the case is moot if the parties are in agreement that no dissolution of marriage is desired. So, it really doesn't matter how minor's counsel responds (in my opinion). 2. Filing the CIV-110 and noting the mandatory 5-year time period to bring a matter to trial "should" be all that's necessary, because under Code Civ. Proc. 583.310 five years is the maximum time period for an open case with no litigation, and under Section 583.360 dismissal after 5 years is mandatory and not subject to any exception.3. There is an exception to #2 above: CCP 583.161 provides that a dissolution of marriage petition will not be dismissed, if: (a) there is an open order for child support; (b) an open order for spousal support; or (c) there was bifurcated trial and status of dissolution was entered (parties are divorced), but property division has not been tried. If any of the above in #3, are true, then you need to file an OSC, and request termination of the support orders, or a set aside of the court's previous dissolution of marriage order. Otherwise, CIV-110, and a reference to the 5-year deadline is all that's necessary to obtain a dismissal.Would I need to include anything in the request to be able to pick up my son once the case is dismissed?A: Temporary custody orders are terminated with the clerk's signing of the CIV-110. You do not need an OSC, unless one or more of the three exceptions found in CCP 583.161 exist(s). The attorney for the minor child filed for an emergency hearing to prevent dismissal and for judicial guidance on how to proceed. The judge stated that she could respond to the OSC once it's filed. And told that because I requested a orders modifying visitation that if she were to make order to modify I couldn't dismiss. That the paternal grandmother would need to file for in probate court for guardianship.A: Minor's counsel is incorrect. The judge is correct.If both my husband and I sign the dismissal does an OSC still need to be also filed? A: Outstanding custody issues is not grounds to refuse dismissal using the CIV-110. There is no OSC necessary to terminate custody orders. The OSC is necessary to terminate support orders. And can the custody issue be requested to be dismissed with prejudice.A: Yes. Just check box 1.a.(1). Note: If the clerk refuses to dismiss, then you may have to file an OSC. But, in my view, trying the CIV-110 first, may save you time and effort.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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