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Can my Children's father have my custody order set aside if I do not provide him with my physical address?
Anonymous3 views2 answers
After mediating and agreeing to a joint custody order my ex husband began e mailing and asking to do exchanges at our residences. Since we are divorced due to DV I refused and set exchanges to occur at a CHP office. Then he e mailed asking to see the inside of my home, to meet everyone I know and that he'd been diving by my home to see if the kids commented on me living there. He then emailed, (he emails 30+ times a month) telling me if I do not give him my physical address and respond quickly to his emails he will take me to court. I obtained a "Safe at Home" adress and notified him. He responded with an OSC to set aside the order saying I misrepresented my my adress and got the order by fraud. What can I do?
He sounds like a very controlling person. And no, that is NOT a basis to set aside the order. I would, though, suggest you obtain qualified legal representation to help you to deal with this person. It sounds like a civil harassment motion may eventually be required. Good luck!
First of all I do not think the facts you have given warrant a set aside of your current custody order. You mention DV. Are there any current restraining orders in place?
What you can do is contact an attorney in your area and discuss the facts with him/her. I practice Family Law in Fresno and would be glad to offer you a free consultation and perhaps representation to help you through this and to protect your rights in the future.
Give my office a call or drop me an email.
