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  1. #1
    Join Date
    Nov 2005
    Location
    SD
    Posts
    31

    Default court order

    My wife withheld visitaton of my two sons for five months. When we finally got to court on this (a year later) the judge took her actions under advisement for a year. Her attorney failed to enter the order for more than 11 months and it was just entered 2 weeks ago. When I received a copy, there were several mistakes in the order. One concerning the guardian ad litem and the other concerning my wife withholding visitation. In the order, my wife's attorney had written that my requests to hold her in contempt were denied by the judge and that my request to have the guardian ad litem investigate my children's current education path was denied.

    What the judge actually did was take under advisement the actions of my wife and ordered the guardian ad litem to investigate my children's education path. Both of these "mistakes" were in my wife's favor. My attorney is telling me that nothing can be done about this since the judge has already signed the order. Is this true?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Faulty Order

    The fault for the 11-month delay isn't just that of your ex's lawyer - your lawyer could have taken steps during that time as well. Check the order - did your lawyer stipulate to the entry of the order? If so, he is complaining not that he couldn't have achieved a correction, but that he will embarrass himself if he has to go to court and admit that he signed an order that did not comport with what the court actually held.

  3. #3
    Join Date
    Nov 2005
    Location
    SD
    Posts
    31

    Default

    My current attorney was not my attorney at the time of the hearing last January. He told me that he would rather not enter the order because he was not present at the hearing. He also wanted to use this against my wife's attorney because he feels that my wife's attorney is purposely delaying the case (the entry by curious1 sounds a lot like what is happening in my case). At our last hearing in November 2005, my attorney brought up to the judge that my wife's attorney had not yet entered the order from the January 2005 hearing. The judge did not respond and didn't seem to care.

    Let me make sure I understand your reply. You are saying that perhaps my current attorney may have signed the order without knowing exactly what the judge ordered in the previous hearing? If that is the case, can it be changed to reflect accuracy or will my attorney now look foolish for signing an incorrect order?

    I just want this to be over and be divorced, this has been going on for 3 years now, everything that my wife and her attorney have asked for I have been willing to do, but they will not return phone calls and court dates never work for them. I have consulted with several attorneys and each has said that mine is the most bizzare divorce case they have ever seen. Do I have any options to get things moving? I really want to move forward with my life.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    I have no idea what happened. You have not provided enough information for any degree of certainty. You need to figure out what happened before anybody can figure out how it can be remedied.

  5. #5
    Join Date
    Nov 2005
    Location
    SD
    Posts
    31

    Default

    Working on that, Thank you so much for your reply.

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