In re Marriage of Seagondollar

In In re Marriage of Seagondollar (2006) 139 Cal.App.4th 1116, the mother had applied for an ex parte order shortening time when she filed her order to show cause seeking modification of custody. "As evidence in support of her application, the mother submitted the declaration of her attorney, who stated: (1) Father withdrew his March OSC set for hearing on October 13, 2004; (2) Dr. Adam had been appointed to conduct a limited Evidence Code section 730 evaluation and had completed that evaluation; and (3) 'it is necessary for the Court to issue a new custody order for the four minor children because mother has remarried and is moving, with the children, to the State of Virginia.' " (Seagondollar, supra, at p. 1129.) The appellate court found that the trial court had erred in granting the order shortening time because the facts asserted "merely restate the basis for seeking the modification: They do not constitute good cause for shortening time to hear such an important matter as an OSC to modify custody and approve a move-away." (Ibid.)