A "temp order of no contact" was put into place in 2011 between my children and their paternal grandfather based on past allegations made by children. This was to be ruled on in final divorce hearing but was never ruled on. After reviewing past transcripts I noticed that the wording of "supervised visitation and contact" were to be put into place until final from a hearing in early 2012. It was also acknowledged on transcript that Judge was aware that "both" parents were involved in protecting the children from PG at one time. There was an order put into place based on other events but the supervised contact/visitation was not put on order nor was it put on final order in final divorce at the end of 2012. PG lives up North but has been here for a month staying with children in Fathers res.
Any temporary orders in a dissolution of marriage case are superseded by the Final Judgment. If the Final Judgment does not contain the "no contact" provisions, then the temporary is no longer in effect. You should consult with an experienced family law attorney in your area about what steps could be taken at this point to protect your children from their paternal grandfather.
This is complicated and you need to go speak with an attorney about it. The PG was not a party in the divorce. Was the order in a separate case? If not, the FJ controls and it does not mention it, so it was subsumed in the fj.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Temporary orders are just that, temporary. The Final Judgment or Consent Final Judgment is the final order now in place. Any ruling that you wanted to extend to the final order should have been included in the language of the final order. If you have an issue with the children being around the Paternal grandfather, and the father is not supervising the contact, then you should speak to him about it. If he agrees with you then you can agree to Amend the order to include the supervision of the PG. However, if he no longer believes there is an issue then there is likely to be an issue of trying to get the language back into the final judgment at this time. Especially since we are talking several years later. You should probably invest in a consultation with a family attorney. Then you can lay out the problem that occurred and what has gone on since that time. The attorney will be able to look at the pleadings and the final judgment and determine the best course of action. Good Luck.
Answering your question on this site does not create an attorney/client relationship between you and I. You should not rely on my response exclusively when determining how to handle your legal issue. It is best to take the time to schedule a consultation with an attorney to discuss your legal issue in depth.
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