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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 113535
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Just completed the temporary hearing, it was proven that the

Customer Question

Just completed the temporary hearing, it was proven that the ex fiancé violated the standing order to not remove the child from the state of Georgia. However nothing was done, do they wait to assess contempt actions at the final hearing? She has moved to Boise Idaho and is surrounded by family with criminal records will the Guardian see this as not in the best interest of the child?
Why impose a standing court order of she can violate it?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Typically at the temporary hearing it is up to the judge to either issue an order to return the child to the state or the judge can not take any immediate action and hold it over to decide on the contempt penalty in the final hearing. This is up to the judge, but I will say most judges would at the least order her to return the child to the state and that is something you should have asked for in your motion. If you did and the court did not issue any orders, then you need to file a motion to reconsider and ask the court to issue an order in the matter to return the child to the state.
Customer: replied 9 months ago.
Can we do so after the temporary hearing? What kind of motion would need to be filed? We did have a court appointed guardian ad Litem be assigned.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You can ask the court to reconsider their temporary hearing order and ask them why they did not order the child returned to the state. It is a motion to reconsider.

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