Divorce and Extraordinary Writ

At the Orange County Law Office of David P Schwarz we are experience Divorce and Writ lawyers. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

A Divorce lawyer will show you an alternative method of obtaining appellate court review of trial court orders is by petition for extraordinary writ (indeed, some orders are reviewable only by timely writ petition). The final sections of this Chapter overview writ proceedings. Again, however, the applicable rules and procedures are not treated in detail

Review of trial court action by writ is an extraordinary remedy and, as such, is only available where there is “no other adequate remedy in the ordinary course of law.

Few writs are granted, and instances when a court of appeal will grant a writ.

A Divorce lawyer will explain to their client that If an order or judgment is appealable by writ only unless special circumstances render review by appeal inadequate. An example would if a Court could not review a parenting plan assessment order because is was not reviewable as an appeal. Therefore the court can review as a petition for writ of mandate in case presenting “unusual circumstances” of “continuing public interest”.

An appeal (or other remedy) is generally not deemed “inadequate” simply because it involves greater effort and expense or because it is not as speedy as writ review. Rather, only a showing of exceptional circumstances can overcome an “adequacy defense” or undue hardship on account of inability to obtain a stay; or public interest demanding immediate disposition. That is why a Writ is so important in family law cases.

At the Orange County Law Office of David P Schwarz we will assist our client that during a pendente lite child custody orders: The need for speedy review is an overriding consideration with regard to pendente lite child custody orders.

A Divorce attorney will assist their client getting a writ done when A noncustodial parent challenging a custody decision will often be at a disadvantage once the child has bonded with the custodial parent (the court is likely to find the child's best interest requires preserving that bond to maintain stability in the child's life). “The noncustodial parent's only effective recourse is to obtain immediate review of any objectionable temporary custody order. This can be done by filing a petition for writ … It cannot be done by filing an appeal which will sit in abeyance while the case works its way to trial and decision—and while the bond between child and custodial parent strengthens and deepens.” move-away request. “We need only point out that, of all issues, child custody is perhaps the most time-sensitive (and hence least amenable to an adequate remedy by way of appeal)”.

At the Orange County Law Office of David P Schwarz we have litigated many divorce and writ cases. Please contact our office at 949 735 9266 or via web. We can also be reached by email at dpslaw66@gmail.com.

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