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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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Question regarding child custody court order enforcement in

Resolved Question:

Question regarding child custody court order enforcement in CA...

Current order started November 1stXXXXXorder dated Oct 2010.

Stipulation states the either parent can change the pick up/drop off if either parent is late by 15 minutes more than 3 times.

Currently we meet in the middle as we live 2 hours apart. I prefer to meet in the middle since I also have a one year old in my care and think a 4 hour+ drive (pick up time in traffic no less) is not right for the one year old. Ex prefers to have pick up at her house one day and then mine on the return date.

The previous 2010 order did have this stipulation as well as the new one. I admit since 2010 order I have been late 3 times. I have not been late 3 times since the new order. There is nothing in the court order that stipulates that everything starts over each court order. My Ex is counting from the previous version and just a couple days ago stated that she is instituting the change and she feels it is her right. I have tried to compromise without success.

So my question...

Are stipulations in the court order enforceable from the date of the most recent court order or from the court order date they are first instituted?

I was advised by the Sheriff that I can go back to court. Problem is that we are one of their trouble cases. Large file, but honestly more bickering, nothing serious. Our court order says we can not go back until Dec 2012. Ex tried to go back and they saw us for a few minutes and shoved us out and warned us not to file again.
Submitted: 2 years ago.
Category: Family Law
Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - If the stipulation was not in the first order then it wouldn't apply until after the second order was issued so the counting would not start until after the second order was issued. If she violates the order you can always file a motion for contempt since that can be filed anytime there is a violation.
Customer: replied 2 years ago.

The stipulation has been in previous orders. Does this change anything?

Expert:  Dave Kennett replied 2 years ago.
Sorry, I thought you said the new order had the stipulation but not the previous one. Now you have a problem of interpretation and whether the 3 times are cumulative or whether they start anew with each order. Either argument is valid so you would want to take the position that it starts all over with the new order. I can't tell you what a particular judge would say but that is the argument I would make.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
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