temporary orders

[shiner]

We went to court June 9 and judge basically ordered SPO with a few extra days for me.  My attorney went on vacation and missed "entry" so different judge signed the "interpretation" proposed by her attorney, which eliminated alot of things ordered in the initial hearing, mostly pertaining to my time with the children.  The orders were entered without my attorney's signature.  I am expected to comply (and I am doing so) with the signed temporary orders.  My attorney is trying to correspond with opposing attorney to rectify this, but no such luck.  They have the advantage and aren't interested in "fixing" this problem.  Can't my attorney go back to court to fix this?

[socrateaser]

1. What EXACTLY did the court order from the bench?

2. What EXACTLY is different in the order as entered?

[TXdadof2]

TX court for hearing and residence:

Judge's handwritten notes quote, "Standard Possession Order to husband with weekends beginning on Thursday year round except for extended summer visitation periods or other specifically excluded periods."  My attorney's notes also reflect that this is what judge said.

Signed order (entered without my attorney's signature or presence) lists the following:

1.  Weekends beginning when school lets out on first, third and fifth Thursdays of each month and ending when school resumes on the following Monday morning.

2.  Thursdays of each week year round beginning at the time school lets out and ending on the immediately following Friday morning at the time school resumes.

Notwithstanding the weekend periods, as follows:

1.  Christmas Holidays in even-numbered years - (ME) shall have possession beginning at 6 pm on day child is dismissed from school and ending at noon on Dec. 26.  (SBE) shall have possession from noon on Dec. 26 and end at 6 pm on day after school resumes from Christmas vacation.

2.  Christmas Holidays in odd-numbered years - (opposite of above)

3.  Thanksgiving in odd-numbered years - (ME) shall have right of possession beginning at 6 pm on day child is dismissed from school and ending at 6 pm on Sunday following Thanksgiving.

4  Thanksgiving in even-numbered years (SBE) shall have right of possession beginning at 6 pm on day child is dismissed from school and ending at 6 pm on Sunday following Thanksgiving.

5.  Child's Birthday - If parent is not otherwise entitled to possession, parent shall have possession of child and sibling from 6 pm to 8 pm, providing parent picks up child and returns child.

6.  Father's Day Weekend - (ME) shall have possession each year beginning at 6 pm on Friday preceeding Father's Day and ending at 6 pm on Father's Day, presuming father is not already entitled to possession under this possession order.

7.  Mother's Day Weekend - (SBE) shall have possession each year beginning at 6 pm on Friday preceeding Mother's Day and ending at 6 pm on Mother's Day, presuming mother is not already entitled o possession under this possession order.

Undesignated periods of possession:

(SBE) shall the right of possession of the children at all other times not specifically designated in the possession order for (ME).




So, it is by omission of the extended summer possession, my July birthday, etc. that she has worked around the judge's ruling.  The opposing attorney claims he heard something different regardless of the judge's handwritten notes and my attorney's notes from the hearing.  My attorney has tried to work an agreement with her attorney through correspondence, but they basically ignore the letters or respond with some request to trade material possessions for my time with the kids.  

It is my understanding that the judge does not like it when the parties show back up in Court after he has made a ruling.  We are trying to show that we did everything to avoid it, but they are not responding.  

I want some extended time this summer....for the sake of the kids.  She refuses to give a single day that is not listed in the signed orders.  Therefore no extended time this summer unless we go back to court.

1.  Do you recommend that we file a motion to amend the order based on what was ordered from the bench vs. what was put into entry?

2.  My attorney has admitted to his oversight regarding "entry".  He has tried to rectify the problem through correspondence and multiple phone calls since mid-June.  I have tried to talk to her as well.  I've heard that judges definitely get aggravated when two parties are "back" for something they've already ruled on.  What's your experience/opinion?

[socrateaser]

>So, it is by omission of the extended summer possession, my
>July birthday, etc. that she has worked around the judge's
>ruling.  The opposing attorney claims he heard something
>different regardless of the judge's handwritten notes and my
>attorney's notes from the hearing.  My attorney has tried to
>work an agreement with her attorney through correspondence,
>but they basically ignore the letters or respond with some
>request to trade material possessions for my time with the
>kids.  
>
>1.  Do you recommend that we file a motion to amend the order
>based on what was ordered from the bench vs. what was put into
>entry?

Yes.

>
>2.  My attorney has admitted to his oversight regarding
>"entry".  He has tried to rectify the problem through
>correspondence and multiple phone calls since mid-June.  I
>have tried to talk to her as well.  I've heard that judges
>definitely get aggravated when two parties are "back" for
>something they've already ruled on.  What's your
>experience/opinion?

Your attorney is trying to avoid what he should be honest enough to do on his own, i.e., admit that he messed up by not being available, and go to court and get you what you are entitled to, on his dime!

The only thing that matters is the judge's notes. Nothing else. The judge will be angry that his order wasn't followed, so you have the advantage, and her attorney is just screwing with you.

Thiss all assumes that your facts are all true, of course.

[humbledbyitall]

It absolutely is true and accurate as far as my information to you.  I even emailed my attorney today to ask him about the status of "our problem".  His claim was to try to work it out with the opposing side (still even after absolutely no response or cooperation) since it would be August before the hearing would likely take place; and therefore the summer visitation would be a moot issue.  

However, there are many more items that add up to "discrepancies" in what was ordered from the bench and what has been entered.  I'm sure you can imagine the "slant" when they basically had free reign with no one there to represent me, especially since it was a different judge.

I asked him to go ahead and file the motion and "I would take my chances" that the judge would understand that we had made an honest effort to work this out before coming back to court.

Thanks for your feedback.