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No papers = no temporary order?

Started by blabbity, Sep 28, 2012, 07:55:38 AM

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blabbity

My husband (NCP) took his ex (CP) back to court two weeks ago for varied and numerous violations of their divorce decree.  The commissioner eviscerated CP in open court for violating the decree.  He issued several new requirements for her under temporary orders (specific phone times, making the kids available for visitation, etc).  He continued the hearing for a later date and ordered mediation.  My husband's attorney is writing up the temp orders.

So, the day after the hearing, CP started violating the brand-spanking-new temp orders.  My husband has sent her emails documenting her new violations.  Last night, she emailed him back stating that there are no temp court orders because she hasn't received the hard copy, signed temporary orders yet. 

My question is... when do temporary orders go into effect?  The assumption is immediately, but I can't find any hard and fast information on that in the state statues (Utah).  I know the commissioner will be pissed that she's ignoring his orders... we're just trying to find some solid information to back that up.

Anyone know?


MixedBag

#1
When the judge signs them.

Right now, its a gray area.....so bite your tongue is my advice, get that temporary order signed by the judge, and THEN move forward.

Keep a journal of what she is doing now -- just in case that temp order never gets signed, but don't go running back to court just yet either.....k?

Had something similar happen when custody change from Dad to me.  I stuck around after court for an order (both Pro se),and got 2 copies within about 30 minutes (had a good reason to get it so fast).  Anyways, I showed up to pick up our son and son came out and said "Dad said I can't go until he gets an order from the Judge."  Oh I was sooooo happy to hand it to our son and say "Well, here it is -- go get whatever you want to bring, k?"   I bet dad was mad -- but who cares.

ocean

We just went through this and we paid for a copy of the transcript to have evidence of what was said in court. The judge clearly said, this starts NOW. Then you can quote from the transcript.

See how fast your lawyer can get that typed up, offer to take it to courts yourself. Ask to attached a note to judge to have clerk call as soon as it is signed as mom is not agreeing to changes until she gets a copy from courts.

Document and take it with you for the next hearing to prove she is not fostering a relationship with dad even the day after the last court date.