Will I have to go back to court?

[reellis527]

NCP had every other weekend vistation, since Christmas I have withheld the child because of things that were going on at his home, last week I bluntly told him what he was doing wrong and how his actions were affecting out daughter.  He 100% agreed, I told him I will not support him having overnight visitation with her and I am going to court to file the paperwork to say so.  He said court wasn't needed he wouldn't be able to take off to come up there he would abide by what I recommend.  So I typed up my modification that says no overnight visitation with dad, visits start every other Saturday at 11:30 am (after dance class) and ends at 8:00pm and every other Sunday from 9:00 am ending at 8:00 pm, I typed up his answer that states he agrees to the change in visitation, I filed my modification and his answer together hopeing we won't have to go back to court

1) Since I filed my modification and his answer (agreeing to what I recommend) will we have to go back to court or will it just be entered as a part of our order?

[socrateaser]

>NCP had every other weekend vistation, since Christmas I have
>withheld the child because of things that were going on at his
>home, last week I bluntly told him what he was doing wrong and
>how his actions were affecting out daughter.  He 100% agreed,
>I told him I will not support him having overnight visitation
>with her and I am going to court to file the paperwork to say
>so.  He said court wasn't needed he wouldn't be able to take
>off to come up there he would abide by what I recommend.  So I
>typed up my modification that says no overnight visitation
>with dad, visits start every other Saturday at 11:30 am (after
>dance class) and ends at 8:00pm and every other Sunday from
>9:00 am ending at 8:00 pm, I typed up his answer that states
>he agrees to the change in visitation, I filed my modification
>and his answer together hopeing we won't have to go back to
>court
>
>1) Since I filed my modification and his answer (agreeing to
>what I recommend) will we have to go back to court or will it
>just be entered as a part of our order?

Assuming that you also prepared a proposed order, the court will sign the order and enter it, unless it contains some obvious drafting defect.

If you didn't prepare a proposed order, then the court will probably instruct you to prepare one for the court's signature.

[reellis527]

Daggit didn't think about a proposed order....

1) Is it okay to basically type word for word the order we have but of course modify the parts we are trying to change?

2) Do both of us need to sign it?

3) Do I file the proposed order along with the modification of custody paperwork?

[socrateaser]

>Daggit didn't think about a proposed order....
>
>1) Is it okay to basically type word for word the order we
>have but of course modify the parts we are trying to change?

Yes.

>
>2) Do both of us need to sign it?

Yes, needs to say "Agreed to by the Parties:" and then have date/signature blocks for both of you. Judge's date/signature block should be before party signatures.

>
>3) Do I file the proposed order along with the modification of
>custody paperwork?

For an agreed/stipulated order: yes.

[reellis527]

Thank you!  One more question...

1) In the beginning of the Order where it is something to the effect of "the parties come before the court of this 8th day of February...."  What do I put, the date I am submitting the order or do I leave all of the verbage out?

[socrateaser]

>Thank you!  One more question...
>
>1) In the beginning of the Order where it is something to the
>effect of "the parties come before the court of this 8th day
>of February...."  What do I put, the date I am submitting the
>order or do I leave all of the verbage out?

Most of the prefectory language in an order is based on local custom. I'd need to read your existing order's opening and closing paragraphs to have a better idea of how yours should be written.

[reellis527]

The beginning of the order reads:
"The above-captionoed matter came on for hearing before the Master for the Family Division on the 6th day of December 2005 on the Plaintiff's Motion to Modify Custody filed September 27, 2005.  Plaintiff and Defendant were present.  Accordingly, by the Circuit Couty for Prince George's County, Maryland, it is hereby, Ordered......"

There is no closing paragraph on our order states "Ordered, that this case be and is hereby closed for statistical purposes only"

[socrateaser]

>The beginning of the order reads:
>"The above-captionoed matter came on for hearing before the
>Master for the Family Division on the 6th day of December 2005
>on the Plaintiff's Motion to Modify Custody filed September
>27, 2005.  Plaintiff and Defendant were present.  Accordingly,
>by the Circuit Couty for Prince George's County, Maryland, it
>is hereby, Ordered......"
>
>There is no closing paragraph on our order states "Ordered,
>that this case be and is hereby closed for statistical
>purposes only"

OK, so you could probably use something like:

The parties, both appearing pro se, and having agreed, voluntarily and in good faith, that the terms and conditions of this stipulated order, are in the best interests of the parties' minor child(ren), and the court, after having considered the pleadings and evidence submitted by the parties, and having been fully advised in the premises; accordingly, by the Circuit Couty for Prince George's County, Maryland, it is hereby, Ordered as follows:

yada yada yada...

Ordered, this ____ day of _____, 2006

By: ______________
Circuit Court Judge

Agreed to by the parties:

Dated: __________

By: _____________
NAME
Petitioner, Pro se
ADDRESS
CITY, STATE ZIP
CONTACTFONE

Dated: __________

By: _____________
NAME
Respondent, Pro se
ADDRESS
CITY, STATE ZIP
CONTACTFONE

[reellis527]

THANKS!!!!!!!