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Author Topic: Motion For Leave  (Read 1633 times)

HelpingHands

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Motion For Leave
« on: Jan 24, 2007, 02:08:35 PM »
Hi Soc-

To refresh your memory: mom in Va, court in Va, child and father in TN. Final order had typos ,which I pointed out and requested my attorney get straightened out.

I received a 'Motion for Leave to Amend Final Ccustody and Support Order' from my atty's office.

It states:
Comes now, the defendant, XXX, by counsel  and moves this honorable court to amend typographical errors in the Final Custody and Support order in this matter entered on Dec 22, 2006 in support whereof, Defendant, states as follows:

(details the errors "mother' in place of 'Father', "father' in place of 'mother', removing Mother from health care insurance)

Wherefore, the defendant prays that leave be granted to amend the Final Custody and Support Order.
It's Signed by attorney, submitted on my behalf, and states certified copies sent to opposing counsel.

I also asked attorney about changing the ruling allowing BM to pick our child up and have her miss school. He said there was nothing we could do about it, that was the judge's ruling and that's what he wanted to order.

I've also asked(at the same time as the typo issue) for clarification on the scheduled weekends vs holiday(3 day) weekends and to determined the location of p/up and dropoffs ie: meeting half way or mom driving all the way to get our child.

I haven't heard back from attorney re: clarification, however MLK weekend came and went without Mom picking child up. Mom was to have notified me at least 2 days for scheduled weekends and 1 week for holidays if she does not intend to exercise her visitations. She didn't notify me she wasn't coming. She did however call to speak to our child that evening, approx 1 1/2 hours after she was to have picked child up. No mention of the pick-up/ weekend visitation to mee, my wife or our child.

1)Will there be an amended final order in this matter, or is this just going to be filed with the original final order at the courthouse?

2) If no 'amended order' is sent, do I just keep a copy of that 'motion for leave' along with the order and show where the typos are to be corrected, whenever necessary?

3) Is there anything I should do to cover my butt re: her missing the scheduled visitation(s), if she somehow tries to turn this on me ? (I'm already keeping log of all calls)

Thank you-


socrateaser

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RE: Motion For Leave
« Reply #1 on: Jan 24, 2007, 04:31:09 PM »
>1)Will there be an amended final order in this matter, or is
>this just going to be filed with the original final order at
>the courthouse?

Both orders will be filed, the amended order will be the last in the file and will take precedence.
>
>2) If no 'amended order' is sent, do I just keep a copy of
>that 'motion for leave' along with the order and show where
>the typos are to be corrected, whenever necessary?

No, you should order a certified copy from the court clerk.

>
>3) Is there anything I should do to cover my butt re: her
>missing the scheduled visitation(s), if she somehow tries to
>turn this on me ? (I'm already keeping log of all calls)

You can write her each time, certified mail, and say that the child was disappointed by not seeing mom,and ask if she intends to exercise visitation on ____. Then, if she doesn't show and doesn't answer, you have proof you tried, and she didn't.

Not certain it will ever be useful evidence, so it's up to you.

 

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