Objecting to Findings and Orders after Hearing

[DecentDad]

Hi Soc,

Opposing attorney was ordered to draft the orders of the OSC.  Court dismissed two of my requests, granted one, ordered us to the parenting conflict class, and ordered biomom to select school (with restrictions).

In the proposed findings and orders after hearing that attorney sent me:

A) Outlines that court dismissed the two points of relief I had requested but didn't get.

B) Accurately reflects orders for parenting conflict class

C) Accurately reflects language I requested for summer vacation

D) Inaccurately reflects what was ordered on school.

On school, judge stated that mother must consult with me first before she selects a school (yeah, I know that the "consultation" has as much weight as a hummingbird tailfeather) and that if mother does not pick the public school in her neighborhood, her school selection must be within 10 miles of my home.

Proposed orders state that the school selection must be within 10 miles of mother's residence, and if not, mother will confer with me before selecting such school.

Mother and I live 5 miles apart, btw, and my work is 1/2 mile from her home.  If relevant, we live in a high density area, with many dozens of school choices in a 10 mile circle.

I'm writing attorney to object to the language on school, in that the judge CLEARLY said her choice must be within 10 miles of MY home and judge made no room for exception (i.e., judge never said the 10 mile limit can be crossed after mother simply confers with me).

I'm offering instead to have orders "...within 10 miles of father's home, unless by other written agreement between parties".

1.  Do I have grounds to be a hard-arse on following the letter of what the judge stated (i.e., within 10 miles NO EXCEPTION STATED), or is it common that orders after hearing often contain attorneys attempts to soften the blow to their client; which get entered anyway?

2.  Is the 10 mile rule any nominal protection to throw an additional wrench into slowing down a move-away attempt?

3.  Is it customary that findings and orders after hearing would document what was dismissed too?

Thanks,
DD

[socrateaser]

>1.  Do I have grounds to be a hard-arse on following the
>letter of what the judge stated (i.e., within 10 miles NO
>EXCEPTION STATED), or is it common that orders after hearing
>often contain attorneys attempts to soften the blow to their
>client; which get entered anyway?

No reason to be argumentative. Just write that you agree to the form of 1-3, but on #4, it is your recollection that the court ordered that any school chosen by mother must be within 10 miles of father's home, therefore you propose the following orders: ______ (you write them and I'll review).

>
>2.  Is the 10 mile rule any nominal protection to throw an
>additional wrench into slowing down a move-away attempt?

Doubt it. Probably just designed to keep the child's driving time to a minimum.

>
>3.  Is it customary that findings and orders after hearing
>would document what was dismissed too?

An order should state what was allowed and what was denied, so nothing out of the ordinary here.

[DecentDad]

Petitioner = mother


"After consulting with Respondent, Petitioner shall select a school for minor child.  If Petitioner does not select the public school that serves her residential address, Petitioner shall bear all costs for the minor child's school.  The school Petitioner selects shall be within 10 linear miles of Respondent's residence, unless parties otherwise agree in writing."


"10 linear miles" is what the judge said, and it's the language that the attorney likewise proposed.  I guess that's "as the crow flies", not road driving miles.

I forgot to mention that attorney correctly included that Petitioner pays all costs if not public school.  So, no argument there.

The last sentence above is what I propose (i.e., from attorney's original proposed order)... it gives SOME flexibility with offer of written agreement, but the judge only said "within 10 linear miles of respondent's residence" and nuttin' else on location.

Beauty?

[socrateaser]

>Beauty?

Book it.