I just discovered that an opposing counsel in an ongoing custody dispute has been engaging in what must be misconduct . After the our issues orders , opposing counsel immediately serves me with the FARAH , but often files the FARAH several weeks later , and I am never sent an endorsed copy as prescribed in California Rule Of Court 5 . 125 ( g ) . The Orders often differ from the minute order and transcript , which I believe is fraud , by manufacturing false orders
Erin Patricia FarleyFamily Law AttorneyPetaluma, CA ·
Once orders are prepared, the attorney sends the draft to the other party/counsel before filing with the court. When the draft is sent, the opposing party/counsel has an opportunity to request changes/edits/additions that conform with the ruling on the issue. It sounds like the attorney did send you the draft, but perhaps you were not aware of your right to request said changes. If you do not respond to the draft, attorneys then file the order they prepared with a note to the judge saying you didn't respond.
I recommend consulting with a local attorney, even if just for an hour, to review the transcripts and compare them to the orders you have received. That attorney should also ascertain whether opposing counsel followed appropriate procedure, so make sure you also bring any and all correspondence received related to preparation of the orders.
Good luck.
Edmund Lee MontgomeryFamily Law AttorneySan Bernardino, CA ·
It appears that you are being sent a FAOAH to approve as to form and content and you do not respond. After 10 days with no response the FAOAH is sent directly to the court for signature.
If there were errors in the FAOAH you should have responded. If the errors are creating problems you need to see if they will agree to correct the prior order or bring it to the court's attention to correct the error.
Robin MashalLitigation LawyerLos Angeles, CACA licensed ·
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Before a party to an action (or the party's attorney, if the party is represented by an attorney) files a motion or a proposed order with the court, the party must serve copies on the opposing party (or the opposing party's attorney, if that party is represented by an attorney) and sign a proof of service. The proof of service lets the court know that the opposing party has received copies of those papers. The opposing party has a limited number of days to file opposition papers to the motion and/or to the proposed order. When the court hears the motion, the court will already have reviewed the moving papers and the opposition papers, so the court can make a ruling on them. Be sure to consult your own attorney to protect your legal rights.
