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Does he have to follow the order or not

Lithonia, GA |
Filed under: Family law

My ex and I went to court on a contempt motion in February. The judge signed the final order on May 6th. On May 7th his attorney, which he did not have at the time of the trial, sent a letter asking the judge to reconsider making my ex pay for all the travel arrangements for my son. Prior to that my ex was told to follow the previous order and he did not do that. Now that the Judge has signed the final order he is again not following on the strength of the letter that the new attorney has sent on a case that has already been adjudicated. Does he have to follow the final order that was signed by the Judge or not. There are no new motions or orders in place as of now

Attorney Answers 2

Posted

Talk to your attorney, but a letter from your attorney is not going to stop the requirement from you to follow the order. You attorney would need to appeal the case filing the appropriate forms and paying the filing fee.

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2 comments

Asker

Posted

oh it's not a letter from my attorney it's a letter from his. He also sent me an email tonight calling me his "adversary" and saying things that violate my religious views, which I've asked him to stop doing several times. He's already been found in contempt 6 times and has committed contempt once, going on twice, since this last court appearance. At this point I think he's proven parental alienation on his part(he was reprimanded in court for making my son speak to me on speaker phone in front of him when we speak) wouldn't it be better to just file for a change of custody at this point

Ashley Anne Digiulio

Ashley Anne Digiulio

Posted

He should follow the order. Contempt of Court does not mean a judge will take away his parental rights.

Posted

If the Order has been signed and filed with the Clerk then it is a valid and enforceable Order. A letter or a Motion for Reconsideration does not invalidate the Order. If you do not have an attorney then you should contact one immediately to respond to the letter or motion for reconsideration. At the very minimum you need to respond.

You can ask for a court date to argue the letter or motion and get clarification from the Judge on what he meant to include and not include.

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