We received a letter from the Judge of his ruling. The Defendants attorney was to send us a copy of the proposed Temporary Order w/in 10 days. All of our correspondence w/ the Defendants attorney has been by postal service. The Defendants attorney took 16 days to get us a copy of the Order. Only it was submitted at the end of the business day via e-mail, which we were not expecting. The Judge received the proposed Temporary Order by hand delivery 2 days prior to it being sent to us. When we e-mailed the attorney and Judge that the attorney had ADDED to the proposed Temporary Order - we received the response from the Attorney the Judge had already signed off on it. We did not even have 48 hours to review it. This seems highly unethical.
What can we do as she has cost us Christmas visits?There was already a prior visitation order in place for Christmas visitation. The only change according to the Judge's ruling was the Custodial Parent was to meet halfway for exchange. However, the Defendants' attorney has arbitrarily taken away Non-Custodial Parent's Christmas visitation, under the pretense the ruling was "unclear" and the Judge signed off on it.
Unless the judge directed otherwise, the opposing attorney should have given you and opportunity to review the proposed temporary order BEFORE submitting it to the judge. If I am reading your question correctly, she submitted it to the judge before sending it to you. I take it you do not have an attorney. I suggest you file a motion to reconsider (rather than communicating with the judge by email) as soon as possible.
You need to employ an attorney to represent your interests in this case. Opposing counsel should have copied you with the cover letter to the court, and should have sent you a proposed order in advance before transmitting the order to the court. One of the many things that must be policed in domestic relations actions, is that orders must be reviewed to determine if the order actually matches the judge's ruling from the courtroom. I take very detailed notes when a judge makes a ruling in the courtroom, and I then make sure when I prepare orders that everything I put into an order is what the judge decided in the case. I try to prepare orders promptly, while my memory of the proceedings is fresh. In your case, the judge wrote a letter, and rendered a decision in writing. The order should match the judge's written decision. This is a problem even when both sides employ counsel. It becomes magnified when one side has no counsel. A motion should be filed ASAP with the court, and you should employ counsel immediately to do this.
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