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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88710
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely, If an agreement was reached in the court (not from

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Ely,

If an agreement was reached in the court (not from a hearing but from an in-chambers meeting) and opposing council was/is supposed to write up the agreements. However it is coming up on the time when the agreed items (the details of which were still unclear at the end of the meeting). Basically I am asking ow enforceable are orders/agreements in this state of incompleteness?

PS: Account all fixed up.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend - I hope you are well. I am glad you had your account fixed.

By agreement - what did you mean? Did the Judge order it? Or did the two of you state in front of the Judge (even if in chambers) that you and the other party agree to x, y, and z?
Customer: replied 1 year ago.

The judge ordered some things, and the lawyers agreed to others. Without either of us in the chambers or seen by the judge. Allegedly the judge ordered opposing council to write it up, so we are waiting for the draft.


 


PS: Just found out that my account is still set to pay as you go instead of unlimited. so it may be a moment of delay before I confirm when we are done.

Expert:  Ely replied 1 year ago.
Thank you for your reply. Allow me to explain how this works.

When there is an oral order by the Court, or, the parties agree (on the record), then the Court normally enters a written order to that effect. The problem is that the Court is not going to "draft" the order for you. The parties are expected to draft the order that reflects the oral order by the Court and/or whatever the parties agreed to on the record.

Normally, either:
1) One party shall have the proposed order already handy for the Judge to sign, or
2) A party shall be asked to draft that order by that certain time. If so, then the party may do so. The other party may also do so and if so, then the Judge will pick the proposed order whichever most closely resembles the original verbal order/agreement. Of course, the Judge may also cross out/edit as needed.

If neither party drafts anything, then the Judge will ORDER a party to have a proposed order ready. Some (very few) Judges will go into Chambers and will have their clerk type it out.

Point is - one way or another - there will eventually be a written order reflecting the original verbal order/agreement.

Now, having said all that, let us get to your question: Basically I am asking ow enforceable are orders/agreements in this state of incompleteness?

Yes. Orders/agreements on the record (or in front of the Judge during a hearing) are enforceable. Normally, the Judge will recall the order if one party attempts to file a Motion to Contempt simply going off the oral order. If there is a record of the hearing (unlikely, if in Judge's chambers), then that record may be pulled to illustrate what was stated.

But yes, the oral order is still enforceable. The order is enforceable from the time the Judge speaks it. The written order is simply a reflection of the decision.

I hope this helps.
Customer: replied 1 year ago.

Ok, but if the 'final' decision was not set by the judge (in the case we were discussing a new transition location) and dates for visitation. How can I obey or enforce when the final decision is still not made?

Expert:  Ely replied 1 year ago.
Hello,

While the final decision (i.e. the final decree) has not yet been set, it is common for the Judge to grant temporary orders that can be enforced while the final decision is pending trial.

Either party has the ability to request temporary orders via a Motion for Temporary Orders, although of course the Court may also set temporary orders on its own motion (much like the Judge did here, in chambers, with the parties). If this temporary order has been set, it may be enforced (even if not in writing, see original answer).

PS - please note that I am en route, so my responses may likewise be a little delayed.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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