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Main Forums => Dear Socrateaser => Topic started by: Zuntzu on Nov 12, 2005, 08:19:14 PM

Title: Unsigned temporary orders
Post by: Zuntzu on Nov 12, 2005, 08:19:14 PM
Last summer former spouse abducted child, was missing for 6 weeks.
Had court hearing in Louisiana establishing jurisdiction in Texas.
Had Texas hearing (after former spouse was a no show on three occasions) tempory orders were written-up as to the judges decree.
(If thats not enough to spark your memory, I'll post more)

Former spouse has not signed temporary orders, and Thanksgiving visitation is a week away.  The vague previous custody orders were the reason a recovery by law enforcement was not initiated during the abduction, the new orders are concrete with no gray area on the dates involved...but remain unsigned, unfiled in court. Over a month has passed from the hearing, the temporary orders were written as per the judges instructions, and in opposing counsels hand 5 days after hearing.

Do I have to follow unsigned temporary orders and send my child on Thanksgiving visitation with a person that abducted my child not more than a month and a half ago?

Is this just a tactic to run with my child, with my former spouse knowing that not signing the temporary orders buys her time before the court will react?

If I have to allow visitation without signed, on file, enforceable, temporary orders, and I say hell no, am I looking at contempt, and how bad is it? (With prior abduction this summer, I'm thinking a lot stronger language than hell no, btw)

Thanks for your time Soc.

Title: RE: Unsigned temporary orders
Post by: socrateaser on Nov 12, 2005, 09:49:59 PM
Please number your questions in the future or I won't respond.

>Do I have to follow unsigned temporary orders and send my
>child on Thanksgiving visitation with a person that abducted
>my child not more than a month and a half ago?

No. All prior orders remain in full force and effect.

>
>Is this just a tactic to run with my child, with my former
>spouse knowing that not signing the temporary orders buys her
>time before the court will react?

I'm a lawyer, not an oracle. ;-)

>If I have to allow visitation without signed, on file,
>enforceable, temporary orders, and I say hell no, am I looking
>at contempt, and how bad is it? (With prior abduction this
>summer, I'm thinking a lot stronger language than hell no,
>btw)

Contempt requires a valid and enforceable order. An unsigned order is not valid and enforceable, therefore, no contempt.
Title: RE: Unsigned temporary orders
Post by: Zuntzu on Nov 12, 2005, 10:15:51 PM
>I'm a lawyer, not an oracle.

That is debatable ;-)

Many thanks.