What do I do if I cant make a family court date? 8 Answers as of September 14, 2011

You should get at least a letter from your doctor demonstrating that you are unable to attend the hearing,why you are unable to attend the hearing, and when it is anticipated that you might be able to attend the hearing. You should also contact the Court in which the hearing is scheduled to find out whether you could participate in the hearing via telephone, on the Court-Call system - if so, you might be able to conduct your side of the hearing via telephone; you can also contact that Court to determine what other dates it would have available for the hearing when you anticipate that your health condition would make you available for hearing. You can call the other party or the other party's attorney to request that the hearing be continued to a date when you can attend that is available to the Court.You would best retain an experienced Family Law Attorney in the county in which the hearing is scheduled to seek and request a continuance on your behalf if you are unable to get the other side to continue the hearing or if Court-Call is unavailable for the hearing. The attorney would need the letter from your doctor, and may need a Declaration from your doctor, to get the continuance.

Call the opposing party/attorney and let them know you can not make the date. If they agree to do so, you can stipulate to a new date. If they refuse to agree, you would have to file a request for a new date and state your reasons; include the fact that you have attempted to work with the other party. Be aware, also, that if you are more than 50 miles from the courthouse, you can appear telephonically. Contact the court clerk (or the court's website) for more information.

Talk with the other side about a continuance. Call the clerk & ask if you can appear telephonically. Have an attorney make the appearance and request a continuance.

You must contact the court and opposing counsel. You will be required to provide proof of why you can not make it. If you do not, they will proceed without you and orders will be made. You may wish to consider hiring an attorney in California so that you are protected.

You should call the clerk in the Department (courtroom) and ask if you can appear via Courtcall.

If you cannot make it to Court because of "medical reasons", you should call the other side of the case (i.e., either the attorney or the other party) and the Court Clerk to work something out amicably. You can call the Court Clerk and ask for a continuance of the matter or ask the Court Clerk if it is possible for you to make an appearance telephonically. Alternatively, you can retain an attorney to represent you in a Limited Scope Capacity to represent your interests at the hearing. Good luck.

If there is an attorney representing the other party, you should work directly with counsel to grant a continuance. If the other side is self represented and unwilling to grant a continuance, I urge you to contact an attorney to best protect your legal rights. Much harm can be caused if the other side proceeds by way of default!

You should give notice to the other side and call the court department to give them notice that you cannot appear and that you are seeking that the matter be continued.