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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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  #1  
Old 02-22-2020, 08:40 PM
fairlight fairlight is offline
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Default Substantive vs procedural orders

I was under the impression that at a case conference or settlement conference, a judge only makes procedural orders and not substantive orders. If so, then why is there a box asking if you want the court to make a temporary or final order? Please explain!
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Old 02-22-2020, 10:53 PM
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Quote:
Originally Posted by fairlight View Post
I was under the impression that at a case conference or settlement conference, a judge only makes procedural orders and not substantive orders. If so, then why is there a box asking if you want the court to make a temporary or final order? Please explain!
LInk to the form you are talking about or the form name and number would be helpful in answering your question.
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Old 02-22-2020, 11:42 PM
LovingDad1234 LovingDad1234 is offline
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He is referring to question 9 on Form 17C- Settlement Conference Brief. I wondered the same thing going to Settlement Conferences. The issues were custody and access, and it asks if you want the judge to make an order on the issues, where they cannot make an order at these things unless its consent.
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Old 02-22-2020, 11:49 PM
fairlight fairlight is offline
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LInk to the form you are talking about or the form name and number would be helpful in answering your question.
Form 17A Case Conference Brief
Form 17C Settlement Conference Brief
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Old 02-23-2020, 08:01 AM
Abba435 Abba435 is offline
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Quote:
Originally Posted by fairlight View Post
I was under the impression that at a case conference or settlement conference, a judge only makes procedural orders and not substantive orders. If so, then why is there a box asking if you want the court to make a temporary or final order? Please explain!
Urgent issues like interim support or interim custody can be ordered on a temporary basis until consent is achieved or a final order is granted. If you have an interim agreement on consent this is not necessary. If you settle partially then you can ask for a consent order on each settled item and then subsume those in the final agreement that you file on consent. Otherwise, the final order from the court can be different from the temporary order(s)
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Old 02-23-2020, 01:43 PM
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Thank you. But that section also indicates the possibility of a final order, so I am confused on that.
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Old 02-23-2020, 08:09 PM
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I believe you can request a final order. If you want that then check the box. Often in pre-trial an temporary order is all that is requested especially to keep cash flowing and kids moving or protected.
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