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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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On 11/16/11 a judge ordered my ex into supervised visitation

Resolved Question:

On 11/16/11 a judge ordered my ex into supervised visitation at a center with our 3 year old until he completes a live 12 week parenting course. The judge also ordered various other things like attorneys fees, the right for me to travel with our daughter without seeking his permission, for communication to occur solely through, 48 hours notice before visitation, etc.

My ex did not show up at Mediation or the Hearing, so the judge is giving him 60 days notice to object to one item: back pay for uninsured health costs because I mailed those receipts late.

I am wondering what my ex's options are for the other items related to visitation. Can my ex file to vacate (or set aside) the judge's decision? If so within what time frame? Again, the court date was 11/16/11.

Can my ex request a re-hearing (with the same judge) if he provides a well-documented and valid excuse for missing the court hearing and mediation?
Submitted: 5 years ago.
Category: Family Law
Expert:  Brandon M. replied 5 years ago.
Hello there:

Thank you for entrusting me with your question. The option to set aside a court's order is pursuant to California Code of Civil Procedure sec. 473(b). That section reads, in part, that:

"The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect."

So, it is legally possible, although it is highly disfavored and only permitted where the motioning party has a solid excuse.

By statute, the motion must be brought within a "reasonable" time and in all cases within six months; Case law, however, has said that a "reasonable" time is always within 90 days unless something has prevented the motioning party from filing sooner.

Let me know if further clarification is needed. Also, please feel free to ask me another question – if you’re a subscriber, you can do so at no additional cost beyond your monthly payment. Please bookmark my profile page here so you can come back and ask me a question anytime: Thank you.

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Customer: replied 5 years ago.
thx. what constitutes a "solid" excuse?
Customer: replied 5 years ago.
thx. what constitutes a "solid" excuse
Expert:  Brandon M. replied 5 years ago.
I apologize for the delay. I did not see that you had initially responded.

It depends on the situation, but generally it is where something happens that is either beyond your control or where it was within your control but you could not have foreseen the results.

For example, if you missed court because you wrote the wrong court date in your day planner, that is not beyond your control and it was a foreseeable result of the mistake. If you missed a court date because you were in a coma, that is (likely) beyond your control and a valid excuse.
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