Court signed his own draft of orders and really screwed up. Now what?!

[DecentDad]

Soc,

The court returned my proposed orders, with a horizontal line through the signature location on page three.

Attached are two additional pages (numbered 4 & 5), which looks like the court's own version of orders, and they're stamped with the judge's signature.

Page 1 of the packet is stamped, "Conformed copy..."

So, it's not like it was sent back separately.  It's confusing to me.


Problems with the additional pages (which conflict with the first three pages)...

A) It says, "Parties shall continue to share joint legal custody of the minor child.  Petitioner shall continue to have primary physical custody."

Our final judgment makes no assignment of primary custody.  The final judgment clearly states joint physical and legal custody, ruled on after Petitioner requested to be assigned primary and the judge specifically denied it at time of trial.

There was zero discussion of changing custody in recent hearings, and Petitioner's most recent OSC was not to modify custody at all (only visitation).  The written orders use the word "CONTINUE to have primary", indicating an error of the court to assume she ever did have it.


B) It says, "Respondent is to attend and ensure the minor child attends any extra-curricular activities..."

It doesn't require Petitioner to support any extra-curricular activities that I may arrange, and Petitioner was NEVER given any exclusive authority to arrange activities.  In the past, Petitioner has tried to control child's time in my care by scheduling up activities.

Moreover, our final judgment states, "Neither party shall schedule activities for the child during the other parent's time unless the other parent agrees."

C) It makes no mention of the extra summer vacation the court ordered me to have.

D) It states that we are to split the cost of child's counseling.  It makes no mention of continuing the counseling twice a month, as ordered at the hearing.

E) It makes no mention of the order that child must sleep in her own bed.

---------------------

Of note, OC's draft of orders filed (at time of untimely objections) was nearly identical to mine in substance above except point B above.

So the court filed its own orders after hearing that differ substantially from the two drafts that the parties themselves proposed.



1.  What do I do at this point?

2.  Do pages 1 to 3 (my draft) have any enforceability?  If not, why are they stapled to pages 4-5 (court's draft) with stamp on page 5?

[socrateaser]

Don't panic. Scan and email the orders to me, then post and let me know its in my inbox.

[DecentDad]

.

[socrateaser]

The 5 page order is the entire order, meaning your proposed orders are now final. The extra two pages are the judge's personal boilerplate -- he obviously didn't read them to ensure that they were consistent with prior orders or your new orders, so naturally they're not.

However, if you had to go back and fight over the conflict, you would almost certainly prevail because express orders always control over boilerplate (and handwriting over print).

In short, you got what you wanted, and I suggest you don't go back for a clarification, unless the mother starts trying to use it to defeat the court's intend. This new judge will be around for a while and he will remember that your ex is difficult and if she causes you to have to go back to court on some conflicting technicality after the judge has pretty much demanded that the two of you try to get along for the child's sake, the judge will hammer her toes to the floor.

Have a good weekend.

[DecentDad]

So...

I'd hate to think 2 years into the future, when we're arguing in court again, and mom brings up that she was ordered to have primary physical in 2006.  

Legally that term may count for nothing, but I've observed many times that in reality it counts for alot when the court is riding a fence on which parent should control a decision.

Biomom milks every loophole and error to her advantage.

1.  Do I still have joint/joint custody per the final judgment of 2004, after which physical custody was never modified at any hearing?

2.  Or does the incorrect language of mom having primary custody now prevail going into the future?

3.  And if I fail to object to that, don't I essentially agree to it?

4.  Is it worth raising to OC to stipulate that parties still have joint/joint, and that the order is incorrect on that matter-- to avoid another round of pleadings and cost to her client?

5.  What is the significance of the line marked across the signature line on page 3 of my draft orders?

[socrateaser]

>1.  Do I still have joint/joint custody per the final judgment
>of 2004, after which physical custody was never modified at
>any hearing?

You both have joint legal and physical custody, with mother having primary and you having secondary. This is consistent with your having less than 50% parenting time. As you already experienced with the mother getting to choose the school, you don't quite have the same authority as she does, day to day, but there is no substantial legal impact in mother being expressly named "primary."

>
>2.  Or does the incorrect language of mom having primary
>custody now prevail going into the future?

Nothing has changed, except that the court has inadvertantly put a name on what is a practical reality. And, you can bring that to the court's attention, should it be required, and I'll bet the judge says, "Oh, yeah, well, I'm not gonna take any legal message back from that -- it was boilerplate."

>
>3.  And if I fail to object to that, don't I essentially agree
>to it?

Yes, but, it's not clear what you're agreeing to, now is it? I just don't think you should march back in for a clarifcation, because it will make you look like a typical controlling parent.

>
>4.  Is it worth raising to OC to stipulate that parties still
>have joint/joint, and that the order is incorrect on that
>matter-- to avoid another round of pleadings and cost to her
>client?

Not for my money it's not. I think you're gonna piss off the judge, and raise the eyebrows of OC to try to make some hay with an issue that no one but you will probably ever notice.

>
>5.  What is the significance of the line marked across the
>signature line on page 3 of my draft orders?

The order continues so there was no reason to sign it in the middle. So, the judge lined it out. The 5 pages are your order. It says, "conformed copy" on the first page, and it's signed on the last. Everything in between is the final order.

Now, go have a Corona w/ lime and be grateful you don't live in Haifa today.