Another situation....

[dipper]

Okay, I know I am posting a lot lately, but I am very worried.   We still do not have a signed order and I am really worried that it is a stalling tactic.  The mom was living in a 2 bedroom single-wide with her mom when we went to court.  They just moved into a 3 bedroom farm house.  Better living arrangements. 


The mother of child harrassed my son for 2 weeks with text and phone calls begging him to work things out, saying she has changed.  Saying she wants what is best for child and blaming him for turning away from her when she was ill.  She also accuses him of kicking her out on their daughter's birthday.  None of that is true...it is true that she had just been diagnosed with bipolar disorder along with numerous other mental health disorders. However, she told me 2 days before telling him that she was leaving him...and she told me that he said she could stay as long as needed, but she told him she was moving out after child's birthday party.  In texts she also stated twice that child will know that he was the one that destroyed their family  - she loved daddy, but he didn't love her.


Okay, my son does not want to be back with her because obviously she has not changed that much.  Finally, Saturday she stopped texting.  I checked her fb and up to April 28th she had been putting up lots of lovey dovey posts....and even tagged another guy.  We had suspected her relationship with this guy since February.  Yesterday, she started tagging him in her posts again..and even said she was talking to her sweet thing.


Okay, so here are my questions:


1.  If they refuse to sign order, do we go back to court?
2.  If the judge has not signed the order, even though it was stated in court as the new order - is it still in effect or are we living on prior order?
3.  Once the order is signed, does that start the clock for time to appeal, or was that from our April 7th court date?
4.  Could we get her for harrassment for the numerous texts she sent son accusing him of stuff and threatening to twist child against him.....all while being with another man?  (she obviously was not after my son, just out to worry him)


Thanks!!

[MixedBag]

1.  If they refuse to sign order, do we go back to court?

Maybe -- sometimes the attorney can send the draft final order to the judge and say "they refuse to sign" -- and at the same time, the opposing counsel gets a copy of that -- and then the judge decides to schedule a hearing OR signs it.  There is no hard fast answer.

2.  If the judge has not signed the order, even though it was stated in court as the new order - is it still in effect or are we living on prior order?

GRAY area....depends on what the judge said in court.  Legally, old order is in effect until new order signed.  But you should have been able to tell what the judge expects when you were in court. 

What did your attorney say to do?  And how much has the draft new order changed from the old order?  Mainly time with the child -- has the past few weeks been the new way or the old way.

3.  Once the order is signed, does that start the clock for time to appeal, or was that from our April 7th court date?

Appeal time starts ticking from the date of the order when it is signed.

4.  Could we get her for harrassment for the numerous texts she sent son accusing him of stuff and threatening to twist child against him.....all while being with another man?  (she obviously was not after my son, just out to worry him)

No....not really.  That's "petty stuff" right now that simply needs to be documented by saving screen shots as pictures.  and finding an app that transfers text messages to a file to be saved.  PICK and CHOOSE your battles.

Post away !!!  When ever you need too -- cheaper to get some answers here vs. calling the attorney.

[dipper]

Spoke with the attorney and he is concerned with the stall as well.  Her lawyer was replying right back to him before and initiating calls.  Now, since they sent her the order, there has been no response at all.  She was supposed to come by Monday and did not show or call.  He has contacted, but no response.  He said we have two options at this point.....he can start more aggressively trying to get her attorney to respond, or we can file to put the case back on the court docket.  He said that would take a lot of work.....


I told him for now, try to get her attorney to respond.  My husband says he thinks we should give them until next Wednesday to respond and then if they do not, have it put back on the docket. 


We are going by the new order as that is what was told to the judge in court to be our new agreement.  My concern is they are trying to get all their ducks in a row - reverse all the things we had against her and then try to go back before the judge for a battle. 

[MixedBag]

They aren't supposed to be able to ADD evidence after a hearing is over.

What they can do is argue that the order doesn't reflect what happened in court and what was agreed upon.

HUGE difference.

Notice though I said "aren't supposed to add".....