|
|
 |
Summary
Important Points to Remember
- You have a right to be notified of any court hearing where your parental rights or other custody matters concerning your children are at stake.
- Appearing in court may be very important in the determination of your case. This may be the only chance you have to address the judge directly and to demonstrate that you are an appropriate parent.
- You have an absolute right to be transported to court proceedings in any action that could terminate your parental rights or to hearings where your child may be made a dependent of the court. (California Penal Code Section 2625). Additionally, in all other family matters (for example, a divorce or child custody hearing) the court may order you before the court. If you are not sure if an order has been issued, write to your appointed attorney, the juvenile court judge, or your child’s social worker to advise them that you wish to attend the hearing.
- You can file a request for transportation without an attorney. Appendix 1 contains sample forms requesting transportation along with blank forms for you to fill out and an explanation of how to do so.
- Note that it may take time to arrange transportation. Try to file your request as early as possible. Some Sheriff’s Departments require up to six weeks to arrange transportation.
- If you do not receive notification of hearing in time to arrange for your transportation, immediately write to the court or court-appointed attorney explaining the circumstances of the late notification and requesting that the attorney continue the matter until you can be transported to court. Also, write to the court-appointed attorney to ask that the court be notified of the problem.
- You will not lose good time if you attend a hearing concerning your child. The time is considered an authorized absence. California Code of Regulations, Title 15, section 3045.3.
- Forms you will need ( see Appendix 1 for samples; Appendix 2 for blank forms)
- Notice of Motion and Motion to Transfer Prisoner to Court (2 pages)
- Declaration Supporting Petitioner’s Motion to Transfer Prisoner to Court (2pages)
- Memorandum of Points and Authorities Supporting Petitioner’s Motion to Transfer Prisoner to Court (3 pages)
- Order for Transportation of Prisoner to Court (2 pages)
Note: if you are using form JV-450, Order for Prisoner’s Appearance at Hearing Affecting Prisoner’s Parental Rights, the form is one page with a waiver on the back. (This is a form approved by the Judicial Council)
|
