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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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I filed an Ex-Parte modification for custody a few weeks ago

Customer Question

I filed an Ex-Parte modification for custody a few weeks ago and was told by the commissioner that if I notified her (served her) by 5:00 pm that evening, he would hear the case the following day at 1:45 pm. I served her and we both appeared the following day. Upon arriving I was informed that the commissioner had to leave for the day and we appeared in front of another judge that simply put us on calendar for a later date (April 14th) so we could be heard by the appointed commissioner of case. Since then I have had to attain police assistance in obtaining my son for my visitation due to her not following court orders already in effect. Tonight I received a text message from the her asking to keep our son so he could attend a birthday party for a relative tomorrow. Upon arriving I found relatives from Mexicali waiting in a U-haul truck. Respondent then stated the party was Friday not Thursday and she wanted to take him to Calexico. She IS NOT a U.S. citizen and I fear she may flee.
Submitted: 7 years ago.
Category: Family Law
Expert:  Brandon M. replied 7 years ago.

Hello there:


in light of the change in circumstances, you need to make a new ex parte request for an order giving you sole temporary physical custody, or at the very least (and in the alternative) that the child's passports be immediately surrendered and that the mother be ordered to not leave the county with the child. You do not have to wait for April 14 in light of this new information.


Let me know if I may be of further assistance. Thank you.