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Can an Interim Order Be Included in a Final Order

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  • 03-04-2012, 08:44 AM
    HappyFrog
    Can an Interim Order Be Included in a Final Order
    My question involves a child custody case from the State of: Ohio

    Recently finished a trial where my ex got visitation. In the final decision, it says "All other orders not modified herein, shall remain in full force and effect." That seems pretty cut and dry to me. However...

    In an "interim order" we had while waiting for the trial, it stated that she was not allowed to have her boyfriend around our child. The final decision does not mention this. Does the above "remain in full force" apply to the interim order as well? Or does that just go by the wayside?

    Any Ohio revised code or other things to help explain this would be greatly appreciated.

    Thanks!
  • 03-04-2012, 03:37 PM
    Dogmatique
    Re: Can an Interim Order Be Included in a Final Order
    As a general rule, temporary and interim orders do not survive the final order.
  • 03-04-2012, 06:01 PM
    HappyFrog
    Re: Can an Interim Order Be Included in a Final Order
    Quote:

    Quoting Dogmatique
    View Post
    As a general rule, temporary and interim orders do not survive the final order.

    Where can I find this rule? I don't want to go off of an assumption of how things work. This is law, and if it exists, it will be written somewhere.
  • 03-04-2012, 06:06 PM
    Dogmatique
    Re: Can an Interim Order Be Included in a Final Order
    Feel free to peruse the likes of Lexis, Google Scholar, et al.
  • 03-07-2012, 11:24 AM
    HappyFrog
    Re: Can an Interim Order Be Included in a Final Order
    Quote:

    Quoting Dogmatique
    View Post
    Feel free to peruse the likes of Lexis, Google Scholar, et al.

    I tried, but couldn't find the right search string to get me what I want.

    As such, I went to the courthouse and spoke to the duty magistrate about this. Apparently the "all previous orders not modified herein are in full effect" has nothing to do with actual magistrate's orders. It does however refer specifically to any previous judgement entries.

    It's a misnomer...
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