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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7413
Experience:  Experienced Family Law Attorney
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I need to know what orders after hearing mean as shown below: THE

Customer Question

I need to know what orders after hearing mean as shown below:
THE COURT MAKES INTERIM ORDERS
COURT FINDS:
-
THE COURT FINDS IT HAS JURISDICTION TO MAKE ORDERS REGARDING CHILD CUSTODY UNDER THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT.
CUSTODY AND VISITATION ORDERED AS FOLLOWS:
PURSUANT TO FAMILY CODE SECTION 3048, THE COURT HAS JURISDICTION TO MAKE ORDERS REGARDING CUSTODY UNDER THE FAMILY CODE AND THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT.
NOTICE AND OPPORTUNITY TO BE HEARD WAS GIVEN TO THE PARTIES/RESPONDING PARTY AS PROVIDED BY THE LAWS OF THE STATE OF CALIFORNIA.
THE COUNTRY OF HABITUAL RESIDENCE OF THE CHILD/CHILDREN IS THE UNITED STATES OF AMERICA.
WRITTEN REPORT RECEIVED FROM CHILD CUSTODY RECOMMENDING COUNSELOR
COURT MAKES ORDERS PURSUANT TO CHILD CUSTODY RECOMMENDING COUNSELING REPORT AS ATTACHED AND ORDERED INCORPORATED INTO THE MINUTE ORDER.
PURSUANT TO ATTACHED RECOMMENDATION
AS MODIFIED BY THE COURT.
SOLE PHYSICAL AND LEGAL CUSTODY OF THE MINOR CHILD/CHILDREN SHALL BE AWARDED TO Miss
Mr. TO HAVE VISITATION AS FOLLOWS:
FATHER SHALL HAVE SUPERVISED VISITATION BY A PROFESSIONAL MONITOR FOR UP TO EIGHT HOURS PER
WEEK AS ARRANGED BY MOTHER AND PROFESSIONAL MONITOR. FATHER SHALL BE RESPONSIBLE FOR EXPENSE
OF SUPERVISED VISITATION.
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COURT ORDERS BOTH PARTIES TO ENROLL AND PARTICIPATE IN TALKINGPARENTS.COM FOR PURPOSES
OF COMMUNICATION.
COUNSEL Me.TO PREPARE ORDER OR JUDGMENT
JUDGES NOTES PLACED IN CONFIDENTIAL ENVELOPE.
ACTION - COMPLETE
Please explain process of INTERIM ORDERS
And if means temporary doesn't the Mr still have to follow orders
As described above?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
An interim order is a temporary order- it is issued during the pendency of an action. So for example, while the court is still evaluating long term custody and visitation, they will make temporary orders- these orders are still binding, and if a party knowingly and willfully violates these orders, they can be held in contempt of court, which can include sanctions. Sanctions are designed to be punitive- to compel the party to comply with the court order. They can include fines, an award of attorney fees, even jail time.
Sole legal and physical custody means that the named party is entitled to have the children physically,and make all legal (medical,educational etc) decisions relevant to the child.
Supervised visitation means that the parent that has supervised visitation is only permitted to be with the child during the designated time, with a supervising adult.
A judge may order supervised visitation for many reasons, like:
To give the visiting parent a chance to address specific issues;
To help reintroduce a parent and a child after a long absence;
To help introduce a parent and a child when there has been no existing relationship between them;
When there is a history or allegations of domestic violence, child abuse and neglect, or substance abuse;
When there are parenting concerns or mental illness; or
When there is a parental threat of abduction.
Types of providers
The law says there are 2 types of supervised visitation providers:
Nonprofessional providers, and
Professional providers.
A nonprofessional provider is usually a family member or friend who is not paid for providing the supervised visitation service to you and your family. Professional providers charge a fee for the service. They are experienced in and trained to provide supervised visitation services. Your court order will usually say which type of provider you have to use to supervise these visits.
All providers must follow the uniform standards of practice for providers of supervised visitation outlined in standard 5.20 of the California Standards of Judicial Administration and Family Code section 3200.5. The court form Declaration of Supervised Visitation Provider (Form FL-324) which providers can fill out to let the court know about their qualifications can help you understand what the law requires for both types of supervised visitation providers.
This link explains the types of custody and visitation arrangements a court can order: http://www.courts.ca.gov/17975.htm
The judge will order one of the parties (or their attorneys if represented0 to prepare the order and submit it to court for the judge's signature.
Talkingparents.com (https://talkingparents.com/) helps keep an official record of communication between the parents, and helps in scheduling visitation, so that the court can ensure the court order is being complied with.
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Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
If you found the information I provided useful, kindly rate positive as that is the only way the site is allowed to credit me so that I am compensated for the time I spent- which does not result in additional charges to the customer.
Thank you for extending this courtesy as I am an individual contributor so ratings are quite important , and take care!
Customer: replied 1 year ago.
I have followed orders have signed up for talkingparents.com I was told that that it will not activate till second party enrolls and father hasn't since orders. I have also located a professional moniter who has called the father to set up payment and appointments he told them he didn't need them the case was dropped. The reason we are where we are right now is because of a domestic dispute with father and his girlfriend that left my son running out of home for safety. Cops where called and son called me. Because of my sons STATMENT the cops took father in and advised me to go to court next day To get temp custody becase w ad 50 50 i did and father didnt cone to first date judge gave a attorney came for him asking for a continuance judge denied and sent us to mediation to revisit custody and visitationsv we went we came to no agreement the medatr sent report for the next hearing we both appeared but his fathers attorney was so called 2 hours late we had to wait then judge gave the orders I sent you in beginning Te Domestic violence I guess was closed maybe that is what he was referring to when he said case closed but the orders still remain in effect till we go back to court and he should still follow orders righ? Because of all this I believe CPS was also notified I had to do take my son to meet CPS for interview i was talked to and it took for ever for fatherbto respond finallybthey took hisbinterview and i now gett letter the find no negligence. My son is torn bybthis and is now scared to go back to his fathers home because of all this he says he knows what he seen his dad hit girlfriend but father sas no and I guess women dropped it But still father hasn't followed any of the judges orders. Do I just sit and wait for his next move I just don't know what is process help with any information there s so much more to how this all started but I need any help you can offer thank you
Expert:  LegalGems replied 1 year ago.
Yes, that is correct- the orders remain in effect until they are modified, so both parents must comply with the order.
If one parent violates the order- a knowing and willful violation- the other parent can bring a motion for contempt.
Contempt is quite powerful, for if the other party intentionally violated the court order, the court can sanction that party, which can include attorney fees, fines, and even jail time.
Further more, violation of court orders can be justification for restricting a parent's visitation if it is determined that is in the child's best interest.
Customer: replied 1 year ago.
If I sit and do nothing knowing father isn't following orders wouldn't that look bad on myself later on down the road or if I don't advise court he isn't follwing orders. Again I just don't want to do the wrong thing and my son suffer more than he already has.
Also in court order it states
Fathers counsil TO PREPARE ORDER OR JUDGMENT
What does that mean?
Expert:  LegalGems replied 1 year ago.
It is not one parent's responsibility to ensure the other parent follows court orders; however, if the parent wants to compel the other to follow the order, the proper method is to bring a motion for contempt.
This can be done to enforce the order that the attorney prepare the order or judgment; the court will typically sanction the party for failing to prepare the order as instructed.