C.Chan=Winning Results! AFFORDABLE! 4.7/5 Ratings by Clients Friendly+Affordable!CHICO NEW PH.#530.497-0777

Saturday, July 8, 2017


Family law litigants are usually stressed out, unhappy, and are not pleased when Judge does not give them what they want, or ignores what they have said...........this is pretty much typical when cases first start for many people.   Family law cases involve huge amounts of emotional upheaval due to the family unit being disrupted, so this is not surprising.

In some cases, resorting to mediation (of the entire case) is used, but mediation of entire case means that neither client is personally represented. Instead, the parties agree and work out whatever it is that needs to be resolved.  The danger in this, is that usually only one attorney facilitates the mediation. 

And since legal advice to one party or the other is not given (because the mediator does not represent either party) the parties are basically just agreeing to do or not do whatever, on their own, unless they have actually hired separate attorneys to advise them.  If the judgment on the case is agreed upon in this fashion, sometimes the parties later realize they made a mistake or error in choosing whatever they chose at that time.  In fact, stipulated judgments on the record where both parties are represented in court, are usually not set aside unless there are some errant circumstances or exceptions.

This means difficulty in setting aside such a judgment, as the California Family Law Code has specific rules for setting aside orders/judgments; there are specific time limits and requirements; in addition the CA Civil Code/or CCP will or may affect it as well. 

Many issues are set to be heard at law/motion calendar (by a Request for Order motion)...there is not much time allotted for these hearings. Therefore, issues which are complicated usually cannot be resolved in such a short time; however, certain steps can be gained to set up the foundation for a winning strategy. Most of family law issues can be broken down into sections and tackled separately ahead of time via careful planning. Attorney herein is often inherits cases from other attorneys who have not made much progress in producing results.  

If you want/need results in your family case, call attorney of this blog at (530) 359 8810.