Hi Soc,
I'm still dickering around on the order language stemming from our settlement at time of trial. Reminder: this is California.
On the back of the summons from the original petition in 2001 is the "Standard Family Law Restraining Orders" that requires parental consent or further court order to remove child from state.
Biomom's family lives in CA, and mine doesn't. I've previously had to get Ex Parte orders to travel interstate with daughter for holiday b/c biomom refused to agree to let daughter leave CA.
I'm trying to resolve the out-of-California travel issue so we don't have to go through the Ex Parte thing with every holiday/vacation.
Biomom refuses to include orders allowing out-of-state travel during each parent's custodial time... just a control thing, but annoying.
But now, I'm looking at page 1 of the summons, and it says, "The restraining orders are effective... until petition is dismissed, a judgment is entered, or the court makes further orders."
To be clear, there hasn't ever been any other orders made by the court regarding child's travel outside of CA.
1. Because this is a settlement at time of trial, and both parties agreed that this is final per Montenegro, would these orders (when entered) be called a "judgment"?
2. If so, per the language on page 1 of the summons, would it simultaneously dissolve the "standard" restraining orders without need for a motion or further orders? The flip side, I assume biomom would need to specifically move to keep that restraining order?
If the RO is automatically dissolved, cool beans. Then I can just go stealth on it and let it disappear under biomom's radar.
Thanks,
DD
Ahem...read the order: "until a judgment is ENTERED..." [emph. added]
Any questions?
Right right, I know the "entered" is the key piece, so it still applies until judgment is entered.
But is this final order a "judgment", and if so and entered, the RO just disappears without need to move to have it dissolved, right?
Thanks,
DD
>But is this final order a "judgment", and if so and entered,
>the RO just disappears without need to move to have it
>dissolved, right?
Right. if the RO is stated as pending final judgment.
.