CA Court Orders - quick Q
My husband has been going to court every 3-4 months. Each time new custody orders have been written and the case has been continued for 3-4 months. Each party represents themselves.
My question: Since the very first court order that outlined the custody arrangement: including summers, holidays, etc., each successive order has had less information (no holiday info, no summer info, etc).
My question: Which order is the order to go by regarding the holidays, etc? The newest one that only speaks to BM's every other weekend visits and no mention of summers or holidays. Or does the new order supplement the original orders?
DH has court next week and I want to make sure that if they continue to write sparse orders (without any info on holidays, etc) that we follow the correct/ intended order. For example, if new orders do not make a designation of Easter but the previous order did, can we ignore the previous order and just stick with our every other weekend schedule?
Thanks!
One of the court clerks that
One of the court clerks that sits in the courtroom usually writes everything up for them both to sign after they judgement has been made. The orders have been unclear in the past as well and have not addressed all issues.
My concern for this upcoming court date is that the original court order stated two weeks on and two weeks off during the summer. My husband would prefer these extended visits not to happen. When he brought it up to the mediator, she said that right now they are focusing on 'baby steps' with BM and that extended summer visits aren't even on the table. Not sure if that's because they will be back in court again prior to summer (since they've been going every three months and most recently it stretched to 4 months). My hope was that this order would be for 6 months, but I want to make sure summer is addressed if that is the case.
I think the reason they go so
I think the reason they go so often is because it was clear that BM was nuts and that DH was being VERY lenient allowing her to have overnights (after her 7 year absence from SS, the restraining order, drug use, etc). They are keeping tabs on her and seeing how it's going. I'm hoping this time we'll at least get 6 months or even a final.
My concern (though it would be a welcome relief to me), is that the original orders (three hearings ago), where this summer was supposed to be two weeks with each parent, alternating for the entire summer. DH really doesn't want him to go and I don't think it will be good for him either. But heck, with all the drama SS's been creating, I'd welcome the relief.
But, I don't want DH to be all agro when he realizes that the visits are on. But that being said, if they are not fully agreed to in court, then BM and DH will never agree to the drop off/ pick up/ dates, etc. - just cuz she's cool like that.
I'd suggest your husband hire
I'd suggest your husband hire an attorney to write up a comprehensive order based on what the attorney thinks the court has ordered and represent him in the next hearing.
Frankly lacking copies of what's been written to date nobody here can do more than guess.
So, just to be clear, it
So, just to be clear, it would be acceptable to hire a lawyer to attend the next court hearing with us (probably another 4 months out)?
We'd like to stop going to court every 3-4 months, but this seems to be the case for the past year now - but of course, there have been hearings on restraining orders, spousal support, custody, etc. The judge just keeps making a ruling, but then having them come back again in a few months to check on the progress. Again, I think it's because BM just came back in the picture after 7 years, has a history of DUI, drugs, lies in court, etc.
But it's be nice to have this all finalized.