I had child custody proceeding in ny on 12/21/2018. New arrangements and agreements were made..I called county clerk yesterday 02/01/2019 to ask about said order and it hasn't even been written yet!!42 days!! Is there some sort of time line requirement for this order to be written/ submitted/ signed by judge? And if so what are consequences/ penalties for this? Thank you.
I suggest you review section 205.15 at:
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The prior reply is correct, and the orders are supposed to be submitted within 30 days. On occasion, the submission of the final order is overlooked, but continuing to follow-up on the order usually leads to it being submitted quickly thereafter.
As an attorney, I am occasionally left with the duty of 'settling an order on notice' and I cannot tell you how I hate doing that. I am not the trial judge. I cannot just write anything I want. I have an opponent to whom I have to serve the proposed order and give that opponent ten days to object. The opponent almost always objects. This causes a round-robin of changes to the proposed order to the extent that it is unrecognizable from what the court ordered off the bench.
I would drop the case in a heartbeat if my client began to go behind my back checking with the court whether I filed the proposed order. In one case, I refused to accept retention on a new matter because of the client's going behind my back in the past. The opponent is working hard to flummox the filing, the court is too lazy to print up its own version, sign it and serve it, and the client seeks to punish me. This is totally bizarre and it happens to my colleagues where they win at trial, and then have to settle an order on notice.
Further, the clerk answering the phone does not want to look anything up on his computer. So he answers that nothing has been filed yet. This protects the court from having to reveal that it is taking too long to sign the proposed order.
The answer to your question is that your lawyer has ten days to take objections to his proposed order. The opponent must oppose or not. If he opposes, your lawyer can go ahead and file his proposed order and the opponent can file his proposed order. The court can then choose which order it wants to enter. There are no punishment for anyone if this process takes a while. Protect your relationship with your attorney by not going behind his back to check on his work. The broken system we have will incorrectly place focus on your lawyer to protect itself from ridicule. Do not expect speed and accuracy from the court system.
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