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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-02-2014, 06:18 PM
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Default Order still outstanding

My husband went to court mid/late January. Minutes of settlement were created for a new Order. Mom's lawyers EMAILED a draft Order which was mostly incorrect (everything from children's names to ambiguous grammar). My husband immediately advised lawyers that their Order was incomplete and contained numerous errors and omissions. He advised that he would prepare a new draft order and serve it upon them. He did just that (via fax).

We are now at today's date and not one reply from the lawyers except to say they wanted a phone conference to discuss the order but the phone conference never took place. Apparently mom wanted to change the order but lawyers would not discuss with my husband and they never did call. That was over 3 weeks ago.

We emailed mom out of courtesy last week (so as not to run her legal costs up) and asked what is going on and what did she want to change in the order. She said she would get back to us. Again today we asked for status and she advised that her lawyer is now on holidays for another week and a half.

My husband was never served given it was sent via email the poorly prepared draft order. My husband did serve them according to the rules.

We had been forwarding the new (and higher) CS rate immediately after court to FRO. But doesn't the new CS begin when the court order has been created? We never anticipated them dragging their heals for two months....

The lawyers are ignoring all communications...
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Old 03-02-2014, 06:54 PM
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Very frustrating.

I am currently in the middle of something similar. We were in court in June and again in December. The end result of the two court days ended in two orders which my ex's lawyer refused to sign. My lawyer has sent a letter to the judge, along with the orders which the OC will not endorse, and we are waiting (now 30 days) for the judge to sign off. The judge had instructed my lawyer to do this in the event OC again refused to sign the orders.

Needless waste of court resources but my ex's lawyer really left us with little choice in the matter. Maybe that is the route you have to take? However, it almost sounds as though both sides want some revisions of the minutes of settlement so a further conference might be warranted?
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Old 03-02-2014, 06:58 PM
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My husband asked to include the calendar that both parents created immediately after the court appearance to reflect new parenting schedule. And asked that a new yearly calendar be prepared by xx date each year. Otherwise the draft order was written per the minutes of settlement.

However, mom and her lawyer keep saying they want to add or change things in the order but not once yet has any of them advised or even alluded to what these might be. And if we have yet to see/hear them, then I suspect we are still weeks away (lawyers vacation + his slow response upon his return if any) from even seeing their draft....
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Old 03-02-2014, 07:34 PM
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Last year my lawyer and my ex's lawyer were in disagreement on the wording of our divorce order. My lawyer arranged a meeting in judges chambers with the two lawyers and the original judge who presided over our JRD for "clarification" of the order. Very costly for my ex.

If the opposing counsel will not respond or sign then maybe you have to request clarification from the judge who was presiding? Loser pays of course. This way the matter is put to rest once and for all. Sounds as though your issues are ongoing and warrant some clarification from the bench.
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Old 03-02-2014, 07:43 PM
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I think they just need to answer! These lawyers are not very cooperative and have tried a few stunts in the past. So much so that a judge chastised them for dragging this on and on (they tried to cancel a trial date that was set 7 months earlier by saying "we aren't prepared"). We are not very trusting of the opposing party. They have also called an emergency court date once with less than 18 hours notice (there was also no emergency to be had...).
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Old 03-02-2014, 08:06 PM
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Well if everyone had to pay for the poor behavior then things might change.

I think it is really important to weigh what is worth fighting for. You might want to reconsider the importance of having a calendar included in the order. Then I'd make things a bit more cost-focussed when you do go to court. Maybe the fact that you don't have a lawyer and therefore aren't paying legal bills is something that the other side is weighing each and every time you request something?

If you're paying 400.00/hr for a lawyer to represent you in court I can almost guarantee you that you will pick and choose your battles quite carefully. You have had substantial savings by forgoing a lawyer for a while. Maybe it's time to retain one again?
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