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  • Motion pending

    Motion pending and the other side is now offering consent.
    How do I ensure that this consent is legal.
    Is her lawyers letter good enough or does this get written up like a court order for a judge to sign??
    Can she back out of this?

    What is the difference between consent and an endorsement?

  • #2
    I am afraid of allowing her to adjourn the motion that I set up to find out that she is not going to consent. I really want more time with my daughter and she is consenting to allow it but not start until June. I don't want to wait until June and have her change her mind.

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    • #3
      Originally posted by leaffandad View Post
      I am afraid of allowing her to adjourn the motion that I set up to find out that she is not going to consent. I really want more time with my daughter and she is consenting to allow it but not start until June. I don't want to wait until June and have her change her mind.
      I am assuming that her 'consent' is an offer. If you are to take it to court, you would be dinged for costs.

      Yes, it would be legit. It can be put into an order. If she reneges you can then bring it back as a motion that she reneged and that would not be good for her.

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      • #4
        Yes she has made an offer. It is not exactly what I had asked for but close.

        How do I get it put into an order?

        Thanks mom2three!

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        • #5
          Originally posted by leaffandad View Post
          Yes she has made an offer. It is not exactly what I had asked for but close.

          How do I get it put into an order?

          Thanks mom2three!
          I do believe either party can file so it can be put into an order. If you do not have legal representation then that is a good issue to put forth for clarification to her lawyer.

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          • #6
            You do not ajourn the motion, instead your ex has to file a reponse to motion change (15B) file with the court.

            If you accept the response, then you get turn into an order on consent. This way their is no backing out.

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            • #7
              If they are consenting to terms and you want it in the form of a court order then draft up the order, send it to the other side in order for them to approve the order. It should read "Approved as to form and content" right on the actual copy. You then can file the approved order with the courts. I'd include a letter referencing back to their letter of consent dated such and such in case they plan on renigging. If they don't approve as to "form/content" then you'll have a very good indicator for the courts to see they are acting in bad faith.

              Comment

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