SPARC Forums

Main Forums => Dear Socrateaser => Topic started by: nerd on Dec 11, 2003, 06:33:29 AM

Title: Do "modifications" in custody order void original order?
Post by: nerd on Dec 11, 2003, 06:33:29 AM
Dear Sir,

Thank you so much for your help on the last problem.  we are following your advice and I will let you know how things go.

On another problem.  Daughter's order allows for a 20 minute phone visit with her children three days a week among other rights.  there have been some minor modifications to the original order through the years but no modification or addendum has ever voided phone visits.

Ex is claiming that the current modification, which is a few hand written notes, are now the "current order" and that the original order is now null and void and the modifications is what they go by.  we have tried to explain that the modifications do not negate items in the original order, that were not addressed in the modification.  

my question is:

1.  Are we right that a modification only changes things that the modification addressed and all other items in the orginal order must be followed?


Thank you for your time and trouble
Title: RE: Do
Post by: Peanutsdad on Dec 11, 2003, 04:50:52 PM
In all my mods I expressly include the phrase " all orders not modified remain in effect"
Title: You are correct...
Post by: socrateaser on Dec 15, 2003, 12:26:16 AM
All orders not expressly modified remain in full force and effect unless the court order states otherwise.