FREE Special Report
Receive FREE Special Report

I Respect Your Email Privacy

Divorce Lawyers San Jose - Interim Orders

INTERIM ORDERS

a. It is the policy of the Court that the child(ren)’s previously established living situation should not be radically altered during the pendency of custody and visitation disputes. Only under extraordinary circumstances will the Court deny access of one parent to the child(ren) or change any child(ren)’s principal place of residence. Therefore, any application to change the child(ren)’s living situation prior to full hearing shall include the following:

i. the current court order (if any);

ii. the current time-sharing schedule or agreement (if any);

(Eff. 1/1/07)

iii. any changes in the child(ren)’s place of residence in the past 120 calendar days and the circumstances surrounding these changes;

(Eff. 1/1/07)

iv. what time-sharing program is proposed;

v. the reasons for any proposed child(ren)’s living situation; and changes in the
vi. any other relevant information.
b. Emergency Screenings: In any case in which interim

custody/visitation is in dispute, the Court may order a staff member of FCS, other than the mediator, to conduct an “emergency screening” (a preliminary and limited assessment) on the day of the hearing, or an ex parte emergency screening on the first or second court day after service, or at such other time as set by the Court. Instructions for emergency screening procedures will be attached to the moving papers for service on the opposing party/attorney. The purpose of the screening shall be to provide the Court with recommendations regarding the interim custody and visitation schedule and related conditions. Fees shall be charged for any and all screening-related services provided by FCS, depending upon the parties’ ability to pay. If a party objects to the screening recommendation, a hearing will be held that day, or as soon as possible.

(Eff. 1/1/07)

c. Child(ren) shall not be taken by a parent or other party to custody evaluators, assessors, or other mental health professionals for independent or second opinions concerning custody or visitation,