Our divorce attorneys focus on family law and specialize in dissolution, legal separation, divorce mediation, custody and child/spousal support in Sacramento, Placer, Yolo, and El Dorado counties.
In a family law case involving complex issues or an uncooperative party, discovery (e.g., interrogatories, requests for production of documents) may be necessary to gather information and documents. After the other party serves their responses to such requests, you may move to compel further responses with a “motion to compel” in family court.
- Requirement to “Meet and Confer.” Prior to bringing a motion to compel, you must make a reasonable and good faith attempt to resolve each issue (i.e., meet and confer). Unless no responses are served, the family law judge must sanction a moving party who fails to first meet and confer.
- Moving Papers. Unless no responses are served, a motion to compel must include a “Separate Statement” which sets forth the discovery requests at issue, the responses, and your argument as to why further responses are necessary. The Separate Statement “must be full and complete so that no person is required to review any other document.”
- Deadline to Notify Other Party. Notice of a motion to compel must be given to the other party within 45 days of service of the other party’s verified responses or before a later specified date if agreed to by the parties. Additional time is added if the responses were served by mail.
- Monetary Sanctions. Unless the family law judge finds that it would be unjust or that the party acted with substantial justification, the law requires that the court impose a monetary sanction against a party who unsuccessfully brings or opposes a motion to compel (i.e., the losing party).
- Additional Penalties. If a party fails to comply with an order compelling further responses, the court may “make those orders that are just,” including issue sanctions, evidence sanctions, terminating sanctions, and/or monetary sanctions.
Family law discovery, especially motions to compel, can be very complicated. You should contact an experienced family law attorney for assistance.This blog was written by James J. Tiehm. James is a family law attorney at Family Law Center. He practices exclusively family law and serves the greater Sacramento area, including the counties of Sacramento, El Dorado, Placer, and Yolo. If you need assistance with your divorce, including discovery issues, call James at (916) 488-5088 to schedule a consultation.
Many families treasure summer as a time to travel, whether to visit family or embark on adventures. Divorced, divorcing, or separated parents face custody concerns that should be considered when making travel plans to avoid unnecessary stress and litigation. These include:
- Standard Family Law Restraining Orders. These orders, formerly known as Automatic Temporary Restraining Orders (“ATROS”), are contained in the Summons that must be filed/served at the start of a case. They include a restriction that neither party may remove the minor child(ren) from the state without the prior written consent of the other parent or an order of the court.
- Put Your Agreement In Writing. If you and the other parent have an agreement regarding travel outside of the state or country, put it in writing! While a signed, notarized letter may suffice, the safest option is to prepare a Stipulation that is filed with the court.
- Existing Court Order or Custody Agreement. If there is an existing child custody court order or child custody agreement, it should have a provision regarding travel outside of the state and/or country. You should continue to comply with any existing order or agreement until it is revised.
- Transparency Helps. Provide the other parent with as much information as possible – flight itinerary, hotel information, etc. This will assure them that you will return and they know how to reach you in case of an emergency.
- Consult an Experienced Family Law Attorney. A violation of custody orders can have serious consequences. If you are considering traveling, you should consult with a family law attorney experienced in child custody law in California.
Before you tell your child(ren) about your summer travel plans, you should consider these concerns and ensure there is an agreement if the travel is not allowed under the current child custody orders or child custody agreement.This blog was written by James J. Tiehm. James is a family law attorney at Family Law Center. He practices exclusively family law and serves the greater Sacramento area, including the counties of Sacramento, El Dorado, Placer, and Yolo. If you need assistance with your divorce, including child custody issues
, call James at (916) 488-5088 to schedule a consultation.
President & Senior Mediator/Collaborative Attorney, Certified Family Law Specialist
Carol has extensive experience and education in negotiation and conflict resolution, including over 30 years' experience in creating “win-win" agreements as a real estate broker with an extensive knowledge of tax and finance. Her background is a tremendous asset to her clients during divorce negotiations; it allows her to recognize each person's point of view, explore the alternatives thoroughly, and guide the opposing parties to an equitable resolution. In addition to being a certified family law specialist, Carol is a licensed marriage family therapist and author. Her latest book is 8 Weeks to Collaborative Co-Parenting for Divorcing Parents
Mark has practiced civil, business and tax law since 1983, and exclusively family law since 1993. With an extensive business and financial background, Mark is qualified to represent clients in complex property and financial dissolution cases using a cooperative, respectful, and professional approach to conflict resolution.
Contact Family Law Center to schedule an initial consultation with an experienced Family Law attorney.
Family Law Center represents clients throughout California including, but not limited to: Sacramento, Antelope, Auburn, Cameron Park, Carmichael, Citrus Heights, Davis, El Dorado Hills, Elk Grove, Fair Oaks, Folsom, Granite Bay, Placerville, Rancho Cordova, Rocklin, Roseville, West Sacramento, Woodland and the Counties of Sacramento, El Dorado, Placer, Yolo and more.