I missed my court date since I had emergancy surgery. Can I fix this?

Child Custody 2 views 3 answers
I had emergancy surgery a week before my court date to modify custody. I contacted the petitioner's attorney (I'm in pro per) to inform him that I was having serious surgery and I would would be in the hospital and then on bed rest. He told me that he would move our next court date (we have several coming up). I got a form in the mail moving one date, but there was one two days before that he did not vacate. I subsequently missed that appearance and was sanctioned and the petitioner got all that he asked for. Is there a way to fix this or at least file an appeal?

Attorney Answers

3
Steven Fink ·
You can ask attorney to stipulate to setting aside order per his agreement to move court date. If he refuses, file Motion to Set Aside under CCP 473 for mistake, inadvertence, surprise or excusable neglect as you relied on attorney's representation and were in hospital.
0 upvotes
Frank Chen ·
I agree with Attorney Fink. If you cannot get the other side to stipulate, you need to file a motion under Code of Civil Procedure section 473. The motion ought to be granted based upon your medical emergency.
0 upvotes
Kevin Sullivan ·
you can bring an application before the court explaining all of this and asking them to vacate sanctions.
0 upvotes

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