Order Court Order Order Of The Court
A written instruction from the court carrying the weight of law, i.e., the knowing violation of which constitutes contempt of court. Orders must be in writing. Many parties quote the courtroom statements of the judge. What the judge says ?orally? may be interesting or even insightful, but it does not carry the force of law unless in writing. Before acting or failing to act in response to the judge?s oral comments, you must consult counsel.
Question: If my ex left state against court order with son? There is no paternity yet. I go in monday to do my part of the test. She has left the state, with my son, against court orders. I believe she thinks I do not know where she is and so is basically planning on not showing up to court. I had her served by process server with the papers so she does know about it. If she does not go to court or obey the court order to cooperate in DNA testing what will the judge most likely order?
Answer: Court orders are to be obeyed. End of story.
If she disobeys court orders - leaving the state, refusing to take a DNA test, stuff like that - the court will issue an arrest warrant for her.
Once she's arrested and brought back, the court will see to it that she complies with the orders, even if that requires that she be kept in custody until the testing is completed.
- Stuart
Question: I pay child support on my own without a court order. If no order since birth will I have to pay when he is 18? I pay child support on my own without a court order. Since the child has been born no court order has been established. When the child turns 18 years of age can I stop payment legally.
Answer: you can stop now legally if theres no court order i don't see why 18 is different
Question: Can a permanent court order override a consent order? Here is my question, what order is valid? A friend of mine was granted a permanent court order in 08/2010, of unsupervised parenting time. The mother of the child is stating that she goes by a consent order from 2009, that was not even signed by my friend nor his attorney, nor a judge.
Is the most recent order the one that is relevant.
Answer: A court order trumps a consentual agreement between two parties wether written or spoken. Court is the final law. All previous agreements are null and void after a court has issued the order.
Question: who is responsible of upholding a family court order to access of a child? a family court order has been obtain allow two supervised visits a week by the mother, how ever she refused to show up to the center where the visits are to take place. The police have been notified however their comment is that its a family issues and to go to the courts. the next court date is over a month away, and access to the child is being denyed. Any advice on how to deal with this. Thanks
Answer: Have your attorney file for an emergency hearing or telephone the judge. Other than that, you have no recourse until the next court hearing. Document everything so that she can be held in contempt.
Question: Does anyone know how to force someone to comply with a Court Order. A Court ordered that a property that? is owned by my ex and myself be transferred to her but with me keeping 50% of the equity and several triggers for sale. Because the Order is not what she wanted, her and her solicitor have been giving us the runaround for nearly 3 yrs. All my solicitor does is endlessly make notes in her diary to chase them which has achieved absolutely nothing. Whenever the other side do send back the Transfer and Charge documents, they have rewritten the terms of the Order. I am on my 4th solicitor. They all start off promising that they can bring this to an end, but then either give up or want me to sign anything and go away. Meanwhile the huge solicitor's bills keep rolling in.
Answer: I assume this is under "Physics" because you are looking for a physical "force" to solve your problem. Sorry, physics knows many forces but none seem suitable.
Question: Should any mother or father that retains a child in violation of a US court order in other country, be charged? Should any mother or father that retains a child in violation of a US court order in other country like for example Japan, Britain and Canada, be charged with parental abduction in the USA, even if that parent has a Japanese, British court and Canadian court order that say that the child has to remain in Japan, Britain and Japan. That parent broke US law, but the other parent will brake the law of the other country by if they try to take that child back to the USA.
Answer: This is where we need a world court, to find the precedent.
Whomever made the first judgment should have precedent.
Question: Can a Presidential Executive Order cancel-out a Court Order by a Federal Judge? Not cancel out a law, but cancel out a court order? I understand both carry the weight of law.
Answer: Executive orders only affect the executive branch, or carry out functions given to the executive branch by the Constitution. EOs don't always have the effect of law. (They need Congressional authorization to do so.)
So -- if a Court Order said that a federal agency had to do something specific, an EO could override. Then Congress could get involved and pass legislation to solve the problem.
Question: what happens if you violate a court order? my husbands ex wife was suppose to refinance her truck to get my husbands name of it, a court order from the divorce court. She never did that and in May the truck got stolen. For the past two months she never paid a truck payment and then tells us she isn't going to pay it anymore. The bank has come after my husband for the money, and taken some out of his account. Our money is getting taken and his credit is crap because of it. Can we take her to court because she did not follow up on what she was suppose to do, and what could be the outcome of going to court?
Answer: Your husband has the right to file a motion to enforce the court order about this truck, that is the only way that he can resolve this issue.
Question: Does a new court order only cover issues brought to court and is previous order cover the others yet. Minn.? This is one instance. The new court order states that the children will play basketball in said city. There is no mention of who pays. The previous court order states that both parents will share in the cost of extra curricular activities.
Answer: Technically, there is not a NEW court order. There is an AMENDMENT to the original order. In any case, the original order remains in effect until the court specifically says it doesn't.
Question: Can I file in Oregon court papers to remove a court order that was issued in New Jersey? I don't trust the lawyers or the judiciary system in New Jersey and would like to file for removal of a court order in another state. Can I do this and send it to NJ court, or is it prohibited? Also, is it possible
Answer: Only if it is a Federal court order, otherwise you have to fight it in the state which issued it.
Question: My wife is violating a court order to keep our child in the state. What can I do? My wife was ordered by the court, in a written order, to not remove our child from the state of Illinois. She and her sister have taken our child out of state and admitted to it in text messages.
Our divorce just got underway two weeks ago.
They plan on returning on Saturday.
What can and should I do?
Answer: She wasn't ordered to not attend Thanksgiving with the child at a relatives out of state for three days, she was ordered not to MOVE with the child out of state to live! Stop being so spiteful and get over it.
Question: what do i need to do concerning this visitation court order? I am ordered by the court to take my son to his fathers house on a certain day of the week. His father rarely shows interest, doesn't answer his phone, won't answer the door, doesn't call to check up on child. I am concerned that he will try to take me to court again saying that I am not obeying the court order. (He has taken me to court on several occassions) how do i prove that i am doing exactly as the court order states? How many times can I take child to the house just to wait outside to see if anyone answers? (New Jersey)
I have been compliant with the court order thus far, I have nevery taken the father to court I was always the defendant. I work in the social service field and have always tried to take the "compromising" path but it has not changed anything
Answer: Hi, I am sorry to here that the father is not taking an interest in his son and wanting to use his court visitation.
1) Does the court order say that you need to drive your son for his visitation with his father? If it does, then you need to continue driving your son for sometime.
2) Keep a contemporaneous log. Go to the stationery store and buy a bound book with lines on the pages or a bound calendar book. Start recording (writing daily or weekly which is contemporaneously) exactly what is happening. Drove son x miles from my hous to ex-husbands house at x:00 pm on Saturday 9 of February. Ex-spouse did not answer door or was not at home per court order, etc...
3) Nothing in court will be strong then a CONTEMPORANEOUS log of all of your efforts and all of your ex-spouses missed visitations.
4) Do not involve your son in the proceddings. Do not ask him to sign or date the entries. Do not expect him to give testimony. The court will not allow it.
Keep a log. After 4 months, go to court for a change in custody/visitation and an appropriate change in child support to reflect the time he is not seeing his son.
It is truly sad, I am sorry.
Question: Does anyone know where I can get a blank retirement court order form (RBCO) for the TSP? I'm getting divorced. And I need to draft an RBCO in order to complete it. But I can't find any kind of blank general court orders or retirement benefits court order. I live in Arizona and am going through the Maricopa county superior court any help would be surely appreciated
Answer: What's an RBCO? If you're getting divorced you should be looking for a QDRO. That's the court order that splits the retirement benefits. However, they have to be very specific so you'd be better served hiring an attorney then trying it yourself.
Question: When a court order declares what is to be paid out on a accidental death suit;can it just be changed later on? A court order on a wrongful death suit was ordered by a judge of who to pay and what to pay;it also included two claims for medicare and medicaid and the amounts to be paid;which everything was done as ordered; then noone can later on say well we forgot this so pay it; it has to be in the court order right or it doesnt have to be paid.
Answer: Can be overturned on appeal only
Question: What do I need to take to the distric court in order to change my sons name? I need to change it since one of his last names was put as a middle name and on the paper I have says I need a court order. What do I need in order to do that? How long will it take to correct it?
In Albuquerque, New Mexico
Answer: The exact process depends on the state, however you basically file a petition with the court requesting the name change. Contact the court for the form. They will tell you what you need to do to make the change.
Question: I have changed my name thru Naturalization, but I lost the court order. Where can I obtain a certified copy? I have the Certificated of Naturalization, I only lost the court order.
Answer: From the court that issued the order. Go to the court house.
Question: what happens if you break a court order? me n my ex partner have been to a family court regarding our four year old daughter,,,a court order has been made with rules an regulations as to where an when access takes place..my ex has not only broken the court order but asked my daughter to lie to me,,it has taken three days for her to tell me ...does anyone know how the courts will take this an what kind of outcome it will bring...the rules an regulations hav been made as my ex has messed our daughter around for nearly two years coming in an out of her life when he wants...plse be sensitive with ur replies as u can imagine this is a very sensitive topic thanks
Answer: I'm sorry this has happened to you. You need to file an Order to Show Cause why he should not be held in contempt of court. Judges do not like it when their orders are violated.
Question: if a person requests a court order for reimbursement of Health insurance premiums? If a person requests a court order for reimbursement of health insurance premiums, and tells the courts that the cost is $450 per month when the actual cost is $350 per month, would this make the court order invalid? Also, if this person prosecuted for failing to pay this amount in full would this be malicious prosecution? Balto., Maryland
Answer: A court order can only be invalidated (or lifted) by the courts. Even if it seems incorrect. So the legal answer to your question is no the order is not invalid.
If the person presented false documentation to the court in order to get the order, than that person can be charged with perjury (lying to the court).
To the second part, enforcing a court order is never considered malicious prosecution, period. (Good Faith Exception).
Question: In the state of Virginia can a court order a couple to go through marriage counseling? If a child protective services agent goes to a court and says a couple needs marriage counseling but the couple claims to be happy and refuses to go to marriage counseling can the court order the couple to go to marriage counseling?
Answer: Yes if the judge says so. They put tap shoes on pick pockets there, they can send you to marriage counseling to ensure a safe environment for the children.
Question: I am seeking conservatorship for my sister. How do I obtain court order to seal records? My conservatorship for my sister will be contested by my mother's son who has been violent towards me; therefore, I do not want him to have access to my home address. The probate court clerk would only say that I must request a "relief" from the judge to seal records. Moreover, do to the high legal fees, I am attempting to complete this court proceeding on my own, and I cannot find an example of this court order on the internet.
Answer: You should prepare a MOTION TO SEAL RECORDS, you do not need a lawyer to do so, by placing the case number at the beginning of the motion and proceeding with NOW COMES (your name) Pro Per as a ProSe litigant and do hereby submit this motion to the court, in the motion you should out line all of your concerns and attache any info to support your claim, the judge will either rule on the matter or schedule it for hearing if your mothers son contests the order, good luck~
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