Findings and Order after Hearing

[orais007]

After court and the Judge agreed with the Mediation report, I recieved a "findings and order after hearing" letter from my stbx's attorney reflecting a few changes than what the Mediation report actually states, such as physical custody for one.  In the letter with it, she states that this was what the mediation report stated and that I need to sign it within 10 days.  
My question is: Once the Judge makes his ruling, do I have to sign anything else? The mediation report had been signed by both parties already. Is this letter just another sleazy attempt by the attorney to make changes that the Judge did not agree to?
Thanks for the imput.

Also on a good note, 10hrs prior to going to court the sleazy attorney sent me an email of declaration stating that they were going to portray me as a predator and danger to my children in court. When we went to court, the Judge saw how low and disgusting they stooped and tossed the declaration and ruled for the Mediation Report. I get my children even more now than before.
Thanks to everyone on this site, if it helped in my case or not, this site has given me more confidence in fighting for what is right- my children.

[notnew]

Changes cannot be made to an order without a judges signature.

I would send a copy of this to the judge for review and ask that it be entered into the record and make sure your cover letter makes it clear that you do not agree to these changes.

I think it's a sleazy attempt by the lawyer. I don't know anything about your case, but this reeks of unethical actions by the lawyer.

If you have an attorney, please consult with him/her. Either way, I'd make sure the court knew what was going on with this.

Good luck.

[MixedBag]

From my own personal experience, I'd pull the mediation report and make sure that it says what you think it says.

Each state's actual procedures might be a bit different.

Once the judge signs the order, you have to start all over again.

In my state, the EX's attorney prepared the final order after the hearing.  There were some mistakes, and I had 10 days to review and object to stuff.  I did -- and I guess those mistakes were considered minor, and the judge signed the order.

Physical custody is not a minor mistake.

So make sure the judge knows that the mediated agreement was different than what the opposing party's attorney has put down.

[mistoffolees]

>After court and the Judge agreed with the Mediation report, I
>recieved a "findings and order after hearing" letter from my
>stbx's attorney reflecting a few changes than what the
>Mediation report actually states, such as physical custody for
>one.  In the letter with it, she states that this was what the
>mediation report stated and that I need to sign it within 10
>days.  

Are the changes that stbx's attorney suggests favorable to you or not?

If they're not favorable, I would refuse to sign. I would say that there's a court order in place signed by the judge which includes the mediation report. If they want a change, they're going to have to go back to the judge to request it --- or negotiate with you and give you something in return (but you'll still need the judge to sign it).

Furthermore, if what stbx's attorney is obviously different than what's in the mediation report and he is misrepresenting the agreement, I would file a complaint with your State Bar Association, as well. I agree with the previous poster that it sounds sleazy.

Of course, if the changes are favorable to you, go ahead and sign, but make sure it goes back to the judge to make a final determination.

[orais007]

Thank you for your imput, the changes are not favorable to me at all, they change the physical custody from joint to the stbx, as well as a few minor changes that do not benefit me at all.
It's hard to believe that they would think I wouldn't notice the changes, but then again they tried to portray me as a child molester in court and the Judge saw right through it, and their declaration was tossed out.

[mistoffolees]

>Thank you for your imput, the changes are not favorable to me
>at all, they change the physical custody from joint to the
>stbx, as well as a few minor changes that do not benefit me at
>all.
>It's hard to believe that they would think I wouldn't notice
>the changes, but then again they tried to portray me as a
>child molester in court and the Judge saw right through it,
>and their declaration was tossed out.

If the changes were that dramatic, I would definltely inform the judge that the other party's attorney is misrepresenting his decision and then file a complaint with your state Bar Association sending them a copy of the judge's decree, the mediation report, and then the letter the other attorney sent you. If the facts are as clear as you've made them, that attorney could be disbarred.

Definitely do no sign anything that the other party's attorney EVER sends without reviewing it with an attorney first.

[superdad01]

Kinda makes ya wonder how many attorney's were gonna come across in heaven...

[mistoffolees]

>Kinda makes ya wonder how many attorney's were gonna come
>across in heaven...


There are some good ones.

[orais007]

>>After court and the Judge agreed with the Mediation report,
>I
>>recieved a "findings and order after hearing" letter from my
>>stbx's attorney reflecting a few changes than what the
>>Mediation report actually states, such as physical custody
>for
>>one.  In the letter with it, she states that this was what
>the
>>mediation report stated and that I need to sign it within 10
>>days.  
>
>Are the changes that stbx's attorney suggests favorable to you
>or not?
>
>If they're not favorable, I would refuse to sign. I would say
>that there's a court order in place signed by the judge which
>includes the mediation report. If they want a change, they're
>going to have to go back to the judge to request it --- or
>negotiate with you and give you something in return (but
>you'll still need the judge to sign it).
>
>Furthermore, if what stbx's attorney is obviously different
>than what's in the mediation report and he is misrepresenting
>the agreement, I would file a complaint with your State Bar
>Association, as well. I agree with the previous poster that it
>sounds sleazy.
>
>Of course, if the changes are favorable to you, go ahead and
>sign, but make sure it goes back to the judge to make a final
>determination.


This is verbatum of the Mediation Report, I just want to make sure...

"The parents shall share the children's physical custody in such a manner as to assure the child of frequent and continuing contact with both parents.  Specifically, FATHER shall have the child's physical custody as set forth below and MOTHER shall have the child's physical custody at all other times."

To me this states, we have joint physical, am I wrong? Our time is 50/50, I know in Mediation that's what we agreed upon.
Thanks again

[HelpingHands]

It appears to be a 50/50 JOINT PHYSICAL CUSTODIAL order.

[orais007]

Thanks for the responses..
I've done more research and just to let you know, in the state of California, after the court and Judge has made a decision, a Findings and Order after Hearing can be sent to the court after being served to opposing party.  Under California rules of Court 3.1312(a), a response is to be made if you oppose it, if there is no response the court takes it as an agreed upon document.  So what ever the Judge agrees to in court, can be modified and manipulated by any attorney, and if the other person does not read and dispute it within the specified time, you will lose what you thought you had.  Luckily I responded before the time was up. Now I have to make sure the Judge gets a copy as well.
Great law in CA, removes Judges authorization to make actual decisions.

[notnew]

Now you are learning what many of us already know. Laws mean NOTHING. They are always left open to the court to be able to do whatever they want and now in CA I see even the court order means nothing.

All of this is in place to generate income to feed the family law industry. Which, by they way, is BOOMING. What a lucrative career move to make if you get in on this game. Oh, unless you are in our position.

Good thing you responded in time. Always cc the court with attorney letters, modifications to the order, etc.  You want the facts to be contained in the record even if nobody ever looks at it.

Good luck. As I said - lawyers are jerks and remember, it's lawyers who put all of this silly stuff on the books!

[mishelle2]

ok.. so I am also in CA and our opposing atty does this same crap all the time.. our attorney writes a letter stating there are errors to the findings and order that were sent to us and please make the following changes, then we put what page what number the mistake is on and then write should read: and put what the mediation report says or the judges order, and send a courtesy copy to court.
 You may also tell the other attorney that you would like to set a hearing for clarification with judge at earliest convience, then ask the clerk what form to file to do this.. then you go in front of judge for like 10minutes and she/he clarifies what they meant... then you know what it should say..

DO EVERYTHING IN WRITING OR YOU WILL GET SCREWED.....

[determined]

You don't need to rely on a judges memory - you should refresh it.  And yes, the other posters are spot on when they suggest that lawyers lie, and reinvent the results of a hearing to get what they failed to get in the actual hearing.