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I went to court on Monday. The judge ordered a final parenting plan but didn't sign anything. She wants my sons father attorney to write it up and take it to her to sign after I look it over. Hes supposed to get my son this weekend but I don't kno...
Technically, it is not in effect until signed by the judge. However, if you refuse to abide by the terms of the oral ruling, despite it not being written and signed by the judge or commissioner, you risk angering the judge or commissioner when the order is finally presented to them.
That's why Mr. Gibb's advice that you should consider following the oral decision and implementing that plan now, despite it not being signed by the judge. The sole exception is if you plan to appeal, in which case. If you appeal, or intend to appeal, while the order is not in effect because it's unsigned, don't follow it. As soon as it is entered, despite an appeal pending, you have to follow it, or risk being held in contempt.
If you plan to appeal, you can try to ask the trial court to suspend the order pending a decision on appeal, but don't count on that motion being granted.See question
My husband and I were involved in a verbal disagreement that ended in hurtful things being said, him wanting to leave me and things being thrown out of our home (nothing was damaged). Out of emotions, I regretfully called the police and fabricated...
It is highly likely that if you provided a full recantation of your prior statement, that the prosecutor will drop all charges of DV where your statement is the sole evidence. If the prosecutor believes the photo evidence is enough to proceed on, even with you recanting, they may pursue it, but not likely in the absence of any other evidence.
As you noted, you have committed a crime by filing a false report. Therefore, despite wanting to help your husband, you need to consult with a criminal attorney to make sure that you do not get in trouble. Though not likely, I would want to make sure you are on solid ground, should you appear in court to support your husband. The prosecutor may not take kindly to your actions.See question
Our parenting plan has non-emergency medical care listed as joint. My ex-husband repeatedly asked the judge and 2 GAL's that he be allowed to be at every dental/medical appointment. Due to his behavior, that was not granted, and instead our parent...
I basically agree with Mr. Nguyen's response and respectfully disagree with Ms. Tamblyn's response. Specifically, if there is joint decision making authority, it is not usual that non-emergency medical treatment is the sole province of the primary residential parent. Only for purposes of emergency medical care may one parent decide what to do because there is no practical way to notify and discuss what to do with the other parent.
In your situation, if your ex is always going to show up, disregard the orders, etc., and it seem to me he will, since even being escorted out by security guards does not faze him, then contempt is likely your only real remedy. Just know that although you are entitled to ask for attorney fees, often, even if you prevail, only a portion of the attorney fees are awarded to you. In other words, don't assume that if you win, you will be made financially whole.
You should hire counsel to handle this for you, if you are serious about getting your ex to stop. Running into court to seek contempt, if done wrong, will only lead to multiple trips to the courthouse.See question
I was found in contempt for violation of parenting plan, and ordered to pay other parents attorney fees. I do not work and stay at home with my children. Do I have to pay the attorney fees in one lump sum or can I make monthly payments to pay off ...
What everyone else here wrote is either true, advisable, or both. I would add this clarification. In Washington, if you are ordered to pay the attorney fees and the attorney fees are reduced to a judgment, then failure to pay cannot lead to another contempt finding. To enforce a judgment, if you refuse to pay, they may garnish wages, refer the matter to collection, or many other things, but they cannot obtain another contempt judgment.
If the attorney fees were not reduced to a judgment, then it is a court order (which is different than a judgment in Washington for purposes of contempt) and failing to pay can lead to a finding of contempt.
If it's a judgment, and you'd know it is, if on the first page there is a section called "Judgment Summary," then interest will apply for that portion that you don't pay off in 30 days after entry. The statutory rate of interest in Washington is 12% simple interest, or 1% per month; this is not compound interest. So long as you owe, add 1% interest on the then outstanding balance.See question
So I have had a hearing date that was delayed on account of I didn't serve my ex-wife with all of the proper paperwork for the contempt hearing. After the judge rightfully told me I'd have to re-file and make sure I did it the correct way this ti...
I have never seen anybody who withdrew or struck a motion in order to pursue mediation by agreement of the parties, be held liable for the opposing side's attorney fees, and either King County or Pierce County. So long as you bring your motion in good faith with a reasonable basis, even if you lose, it's unlikely the other side will prevail on any motion a request for attorney fees. Usually the situations where you see an award of fees require some history on your part of repeatedly asking for contempt findings without any basis (this is known as intransigence), or a showing of some type of bad faith on your part.
Since you have both mediation and a hearing scheduled, if I were you, I would continue the hearing by an agreed order, to a date after the mediation takes place. This way, if you settle in mediation, you can strike the hearing. If mediation fails, you don't have to go through the process of refiling and re-serving your ex.
It will also help you in mediation to create extra leverage by having the contempt hearing outstanding. I write that assuming there is a basis for the contempt to begin with. You should consider hiring an attorney when it comes to both the mediation and if necessary the contempt hearing. Especially at mediation, where the mediator cannot give you legal advice, and you will be drafting provisions with original language which are not standard "check the box" provisions, it may save you from some pitfalls you did not otherwise see coming.See question
My husband and I live in Seattle, WA. Before we were married, my husband consigned on a house with his sister. My husband and his sister are on the mortgage and both he, his sister, and both of his parents are on the title of the house. Now his si...
You do not need to sign the quit claim deed, but in this case, the reason they are asking you to sign is because there is a theoretical community property interest in the property, since your husband is on title and married to you. Many buyers and title insurance companies want to play it safe and make sure that although your theoretical community property is nothing to worry about, they'd prefer to be sure.
Unless you plan to make such a claim in a future divorce, I see no harm in you executing the quit claim deed, based on what you wrote in your query. If you have any doubts whatsoever, contact a local attorney who can help you with such matters. Your best bet is to work with someone with knowledge of both family law and real property law.See question
I have a parenting plan that my ex has never adhered to. I've gone along with him changing days and times & disappearing & cancelling & all along still letting him see her when he wanted. 4 months ago she got extremely upset when he forgot abo...
To answer your initial question, absent an agreement of the parents, no, your 11-year-old cannot decide when she will see her father. The court order (the parenting plan) already tells her when she will see him.
So long as he requests time that is not allotted under the Parenting Plan, you are not obligated to give him those times. However, if he insists on seeing her during his scheduled time, you would be smart to let him have her then. Otherwise, you risk being held in contempt of the Parenting Plan.
The difficulty lies in the fact that neither of you have followed the residential schedule of the parenting plan. You should consider filing a modification action, to have the parenting plan changed to something more realistic and that works for your daughter. You may also work that out in mediation without having to file a modification action, although once you agree on a new parenting plan, to get it entered, you may need to file a petition to modify the parenting plan before presenting the agreed new final parenting plan. I've seen courts require that, and other times, they will just sign a revised parenting plan despite there not being a pending action.
I highly recommend you use counsel to modify the parenting plan. There are just too many pitfalls you can fall into, such that it would be money well spent to have an attorney there.See question
My current boyfriends soon to be ex wife is continually texting him and going on hour+ long rants about me and how I'm terrible to him, his child, and my kids. She never says anything to me, but this is getting ridiculous. Is there anything he or ...
To add to what Larry wrote, I agree with his approach, except in one respect. Your free speech hurdle is not as great because you are not trying to stop the soon to be ex-wife from telling the world at large what she thinks of you. Rather, you are trying to free your boyfriend from continually being harassed through unwanted communications from his soon to be ex. There is no constitutional issue here.
We all have a right to be free from unwanted communications, especially after we communicate our request to the offending party.
Try to work it out, but if she just won't leave your boyfriend alone, and he has the money to spend rather than put up with her unwanted communications, then seek the anti-harassment order through counsel.See question