Does stipulation override CO?

[WhatToDo]

This is what my court order says:(it was entered into court files in July 2005)

****IT IS STIPULATED that the defendant (me) shall have visitation rights with *daughter* pursuant to the South Dakota visitation guidelines, said visitation to be every other weekend from 8:00 a.m. to 5:00 p.m. on Saturday and 8:00 a.m. to
5:00 p.m. the following Sunday. No overnight visits shall be allowed. Defendant shall be responsible for transportation for the weekend visitations.

IT IS FURTHER STIPULATED that the defendant and plaintiff shall continue to share joint legal custody of *daughter.*

IT IS FURTHER STIPULATED that the defendant shall be allowed reasonable phone access to the minor child of the parties, and the parties are to keep each other advised as to the location of the minor child.

IT IS FURTHER STIPULATED that this stipulation shall remain in effect until further order of the court.*****

------The last week of December 2006, a stipulation was entered into the court files. This is what it says:

*****Defendent agrees to take *daughter* to therapy sessions once a week for 4 weeks with *therapist.*

DEFENDANT will pick up *daughter* from Plantiff house and take to therapy sessions.

DEFENDANT and Plaintiff will reevalute the custody order at the end of the 4 weeks.
*******

I was under the impression that this all meant I would take my daughter to therapy AND I was still entitled to my EOW visitation.

1. Does this stipulation override the previous court order concerning my EOW visits?

2. If it does override it, do I no longer have joint custody as well?

[socrateaser]

>I was under the impression that this all meant I would take my
>daughter to therapy AND I was still entitled to my EOW
>visitation.

Everything I say here assumes that your stipulation is signed and entered by the court. If not, then your stipulation is evidence of an agreement between parties, but it's unenforceable until the court orders it.

Assuming the above, then whatever the stipulation says is a a court order, and failure to follow the order(s) is contempt.

>
>1. Does this stipulation override the previous court order
>concerning my EOW visits?

To the extent that the stiip conflicts with the prior orders, then yes.

>
>2. If it does override it, do I no longer have joint custody
>as well?

The stip appears to grant the parties joint legal custody. It says nothing about physical custody, however, it grants you visitation. If this stip is a final order in the current dispute, then absent language in the stip which maintains the temporary orders, said temp orders are terminated as of the date of entry of the stipulated order.

[WhatToDo]

I talked to my ex last night. She says that after the 4 weeks of me taking my daughter to therapy, I no longer have ANY visitation. Is she right?

[socrateaser]

>I talked to my ex last night. She says that after the 4 weeks
>of me taking my daughter to therapy, I no longer have ANY
>visitation. Is she right?

Not from what I read. The order says that you will both reevaluate the order after four weeks. It doesn't say that the terms of the order will terminate or even that the parties must take any action after reevaluating the order.

Your ex appears to be inventing law.

[WhatToDo]

So if I'm understanding you correctly, I HAD EOW visits. Then after signing the stip about taking my daughter to therapy, I temporary lost the EOW visits. But after the 4th therapy session I should get back my EOW visitation?

[socrateaser]

>So if I'm understanding you correctly, I HAD EOW visits. Then
>after signing the stip about taking my daughter to therapy, I
>temporary lost the EOW visits. But after the 4th therapy
>session I should get back my EOW visitation?

No. The first order grants you EOW visitation. The second order requires you to take the child to therapy for four sessions. That's it. Nothing in either order terminates your EOW visitation.

The fact that the parties will reevaluate the orders after the four sessions is irrelevant, because it doesn't say what the result of the reevaluation will be. It's like you buy a hot dog from a street vendor on the condition that if you don't like it, the vendor agrees to discuss giving you your money back.

Does the vendor have to give you your money back? Nope. So, the reevaluation term is competely meaningless. It has no power to change anything in the exiting orders.

Your order is exactly the same as it was prior to the entry of the second order, UNLESS the first order was described as Pendante Lite (temporary), and the second was described as final. If so, then order #1 is terminated entirely.

If you have any other questions on these orders, I will ask that you post them both in their entirety, because I don't have enough information to give you a definitive analysis.

[WhatToDo]

Thank you so much Soc! This helps! I agree with you that my ex is making up law. She has told me more than once that it doesn't matter what the courts say, in the end it's up to her. Guess we'll see about that! Thanks again!

[WhatToDo]

I went to pick up my daughter and my ex didn't let me. Now she says she has a court order saying I am no longer allowed to see my daughter.

Is there any way a court order could have been made without my knowledge stating that I can't see my daughter?

I'm assuming there isn't but I just wanted to ask. She says she's sending the "court order" to my lawyer. My ex wouldn't let me read it.

[socrateaser]

>I went to pick up my daughter and my ex didn't let me. Now
>she says she has a court order saying I am no longer allowed
>to see my daughter.
>
>Is there any way a court order could have been made without my
>knowledge stating that I can't see my daughter?
>
>I'm assuming there isn't but I just wanted to ask. She says
>she's sending the "court order" to my lawyer. My ex wouldn't
>let me read it.

You should have called the police and asked them to enforce your order. Then the other parent would have to produce the order or the child, and you would have had evidence of contempt, which you could have used to modify custody.

You can still do this -- the weekend is young.