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how do I get a referee to clarify her order ?

Started by spinner, Jul 31, 2005, 09:02:00 PM

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spinner

- Ok so wanted to take my kid to europe during end of August, beginning of september.
- Ex refused to even talk about it.
- Went to court, referee said it was fine with a "bond security" to go end of August beginning of September and need to file an affidavit with travel info before August 1st.
- Referee sent us the order which got misplaced, clerk of court calls me 3 weeks after that it was returned to them. Note that to file the affidavit with travel info before the 1st, I had to buy the plane ticket based on the ruling from the bench of the referee.
- Finally clerk of court faxes the order to me. (note that I had to buy the plane tickets for end of August beginning of September based on her ruling from the bench).
- now the Order states that we can go in August 2005 (forget to say beginning of september).

- Ex now state that order says "August" and not september and that this is not respecting the order and therefore that she won't give me the passport.

What can I do with that? I wrote a letter to the referee asking her to "clarify" her order and state that the dates are fine but haven't heard from her.

what do I need to file? a Motion for review ?

socrateaser

>- Ok so wanted to take my kid to europe during end of August,
>beginning of september.
>- Ex refused to even talk about it.
>- Went to court, referee said it was fine with a "bond
>security" to go end of August beginning of September and need
>to file an affidavit with travel info before August 1st.
>- Referee sent us the order which got misplaced, clerk of
>court calls me 3 weeks after that it was returned to them.
>Note that to file the affidavit with travel info before the
>1st, I had to buy the plane ticket based on the ruling from
>the bench of the referee.
>- Finally clerk of court faxes the order to me. (note that I
>had to buy the plane tickets for end of August beginning of
>September based on her ruling from the bench).
>- now the Order states that we can go in August 2005 (forget
>to say beginning of september).
>
>- Ex now state that order says "August" and not september and
>that this is not respecting the order and therefore that she
>won't give me the passport.
>
>What can I do with that? I wrote a letter to the referee
>asking her to "clarify" her order and state that the dates are
>fine but haven't heard from her.
>
>what do I need to file? a Motion for review ?

Motion to Clarify on grounds that the court clerk misplaced the order (or whatever the facts) and consequently, you were unable to exercise your travel due as originally ordered.