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Category: Family Law
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If the court adjourns the date due to her absence. Does the

Customer Question

If the court adjourns the date due to her absence. Does the judge have to go to the parties to confirm that the new date is acceptabke for both parties prior to setting the date or just the petitioner? (Family Court).
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - thanks for looking me up again!
Kirk Adams : The court/judge can set the new date without consulting either party.
Kirk Adams : However, if the court date is not good for one or both parties, the court will usually approve a motion to continue the case to an alternate date.
Kirk Adams : Thus, if a court date isn't good for a party, that party should file a motion to continue and ask for an alternative date.
Customer:

Is that date ever earlier because this date was pushed out 4 1/2 months.

Kirk Adams : It can be, but usually it is pushed BACK because of the back log most court dockets have.
Customer:

Also it happens to be during a time I have a trip planned with my chikdren . Their mother will not agree with adjoining the date.

Customer:

I have sent letter to the court with proof of airline tickets already purchased with so reply.

Customer:

No reply from the court on my request.

Kirk Adams : She doesn't have to agree to changing the date, but you have to file a MOTION TO CONTINUE.
Kirk Adams : A letter to the judge/court isn't going to be responded to.
Customer:

OK thank you again.

Kirk Adams : Instead, you must file a motion to continue, explain in the motion that you're not going to be in the state on that date, and ask for a new date. You would then have to send a copy of the motion to the other side and let the court rule on the motion.
Customer:

Will do. Thank you.

Roger, Attorney
Category: Family Law
Satisfied Customers: 27059
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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