Average time

[dipper]

We went to court on April 7th.  As we came to an agreement, it was explained to the judge by our attorney and the judge told him to type it all up, email it to the other attorney and then forward to him. 


Two weeks went by before we heard from our attorney's office - and that was his assistant through email asking me for information as the attorney's handwriting was chicken scratch and she did not know what changes were to be made to existing order.  A few days later she sent me a draft of the order and I inserted several revisions, highlighting them in yellow.  These were important details to the order.


Last Thursday, the attorney had called and when I returned call, I was told that he had answered his own question and sent the order to the mother's attorney for review. 


Nothing since until this evening when the mother called me to say that they had disagreed with a few things in the order and sent it back.   For example, the order did not have the extra day that we had agreed to give her.  I had specifically put that in the order in yellow highlight.   


Then the mother stated a different exchange time than we had agreed to in court.   I am worried since it has been over three weeks since court and we still do not have an order before the judge and now things seem to be in question.  I am also worried because I don't know if attorney's usually are this slack in writing up the orders and forwarding them and I don't want the judge to look down on us because of attorney's lack of urgency.


Does this seem like a normal time line?

[MixedBag]

There is no average in situations like this -- so here's my two cents from experience.

1.  Keep after everyone -- the other side MIGHT think it's time to keep negotiating and there will be delay after delay after delay.... 

2.  In WV, during the last round, the judge drew up the final order as we were pro se.  If I remember correctly, I received a draft copy of the order in the mail and was given 10 days to respond.  So I did via letter and pointed out four things.  EX did the same -- but the letters went back to the judge....  The deadline then was maybe 10 days.  I remember thinking "Geez, the mail to here ate up half that time....) but stopped everything here at home, did my best to review and remember and off it went.  It came in the mail BEFORE I was even able to get a copy of the video recording of the hearing to see who said what.....so I was going off of memory.

Judge wrote back -- now this is where my memory does get fuzzy -- and it's all boxed up in the attic still, and I'm not pulling it out - and I think 2 out of my 4 points were correct, and he also commented on EX's points.  Then there was also a final order, signed, sealed and stamped.

Another different experience -- a final order was submitted to the judge and the office lost it.  That took about 4 months to figure out and get a new order -- and there was no input/objection from the other side because they had totally disappeared.

OR my friend, who had a hearing in Sep 14 and finally got an order in April 2015.....and she HAS an attorney.

I suggest you get a copy of the hearing -- like in WV it was a video recording -- and be patient yet proactive.  WORK with that assistant to get updates (might not be billable hours then).

[dipper]

Thank you for sharing your experiences.  I very well may ask  for a copy of the hearing.  Our attorney had listed everything that was to go in the order before the judge.  There was nothing mentioned about Mother's Day, though we are not opposed to her having the child on Mother's day.  That may have been mentioned another time, but not before the judge.  I honestly think the mother is getting confused with all they had demanded before and what was actually agreed upon.  But, I did call and talk to my attorney's assistant who told me that she had sent the order complete with my highlighted revisions.  She did not even take  the highlights out!   So, I know some of what the mother said last night was untrue. 
I am concerned they are trying to stall to get their ducks in the row to fight in court.   For instance, they got a 3 bedroom rental home two weeks after court.   She has been overly nice since court.  My worry is this - is the time limit to appeal based upon when the court hearing was and agreed upon, or is it from the time the order is actually signed off on by the judge?

[dipper]

Called the court and there is no transcript or taping of the proceedings!  However....the judge was scribbling on his paper as my attorney told him the changes so that may help if needed.

[MixedBag]

are you "absolutely sure?" about the recordings? 

And here's why I ask...

In NV, when EX#3 appealed to the supreme court of NV, his attorney had to submit a "transcript of the hearing" along with the reason why the judge failed to follow the law of the state along with court cases that explain or clarify the law that have been previously ruled upon by the Supreme Court. 

Even had a friend -- not too long ago insist that there was nothing of the sort -- until I called that county court myself , got the number and $5 later, she could have it. 

Whether you need it or no for an appeal -- I always got one -- because sometimes my head was spinning after a hearing and what I thought I remembered happened in court, really didn't happen.  My EX#2 made me very nervous -- physical threats and anger issues right in front of the judge -- and yes, your mind plays tricks on you quite often.

[MixedBag]

Oh and if the judge was scribbling notes -- THAT might be in the physical file -- and I'd ask to see the file to see if you can get a copy of that.

Again, in EX#3's file in OH, we found yellow sticky notes that the clerk put in there -- that made statements which the judge would see that were totally inappropriate.  It was AMAZING....

[dipper]

Wow!!  Well, her lawyer was supposed to meet with our attorney today, but when I called after 3:30 the assistant told me that she had never showed up and she did not know what happened.  She said she would shoot me an email when she found out.  She also again stated that they have not received anything in email or otherwise saying that the mother's side was not in agreement with order as written. 


I believe the judge's notes may come into play.   

[MixedBag]

When the judge sees the final order -- my bet would be that they would review it against their notes.  Their notes are part of the permanent file right now -- which is why I say "go get a copy" if you can and if they will give it to you.  After the order is signed, those notes might get physically deleted from the file.

Remember the judge also hears lots of cases.....and if you think the judge can keep them apart.....nope, that's why they take notes.