Findings and Order after Hearing

[orais007]

Thanks for the responses..
I've done more research and just to let you know, in the state of California, after the court and Judge has made a decision, a Findings and Order after Hearing can be sent to the court after being served to opposing party.  Under California rules of Court 3.1312(a), a response is to be made if you oppose it, if there is no response the court takes it as an agreed upon document.  So what ever the Judge agrees to in court, can be modified and manipulated by any attorney, and if the other person does not read and dispute it within the specified time, you will lose what you thought you had.  Luckily I responded before the time was up. Now I have to make sure the Judge gets a copy as well.
Great law in CA, removes Judges authorization to make actual decisions.

[notnew]

Now you are learning what many of us already know. Laws mean NOTHING. They are always left open to the court to be able to do whatever they want and now in CA I see even the court order means nothing.

All of this is in place to generate income to feed the family law industry. Which, by they way, is BOOMING. What a lucrative career move to make if you get in on this game. Oh, unless you are in our position.

Good thing you responded in time. Always cc the court with attorney letters, modifications to the order, etc.  You want the facts to be contained in the record even if nobody ever looks at it.

Good luck. As I said - lawyers are jerks and remember, it's lawyers who put all of this silly stuff on the books!

[mishelle2]

ok.. so I am also in CA and our opposing atty does this same crap all the time.. our attorney writes a letter stating there are errors to the findings and order that were sent to us and please make the following changes, then we put what page what number the mistake is on and then write should read: and put what the mediation report says or the judges order, and send a courtesy copy to court.
 You may also tell the other attorney that you would like to set a hearing for clarification with judge at earliest convience, then ask the clerk what form to file to do this.. then you go in front of judge for like 10minutes and she/he clarifies what they meant... then you know what it should say..

DO EVERYTHING IN WRITING OR YOU WILL GET SCREWED.....

[determined]

You don't need to rely on a judges memory - you should refresh it.  And yes, the other posters are spot on when they suggest that lawyers lie, and reinvent the results of a hearing to get what they failed to get in the actual hearing.