What to do about an ex-parte hearing of which I was given no notice?

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What to do about an ex-parte hearing of which I was given no notice?

Currently my child’s mother and I have had our visitation schedule set by court for the past 2 1/2 years. The child’s grandmother left me a voicemail this morning letting me know i have an ex-parte hearing for tomorrow at 8:30. I never received any type of paper work or previous notification. Am I allowed to mention anything or is there nothing to say at this point?

Asked on February 2, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Ex parte generally means that they brought an ex parte motion for a custody determination but it does not mean that you should not have been served with the paperwork once the date had been set for the hearing by the court.  So yes, you should bring it up because it means that you were not given proper notice and time to obtain legal counsel if you so chose to hire some one.   Good luck.  


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