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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I have two court orders. One protective order. One custody

Customer Question

I have two court orders. One for a protective order. One for a custody order. I believe the custody order is valid on issues that are not stated in the protective order. I would like to make my case for such interpretation by filing a motion to have the
court to clarify the situation. Can I do this? How would I do this? Motion to Clarify? Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Is the Protective Order a final order?

What is in the custody order that you would like to also see in the PO?

Customer: replied 1 year ago.
The custody order is in Virginia circuit court. The PO is in JDR court. Custody/visitation are in custody order along with many other provisions from our agreed order. The PO only states that visitation was halted for a time and will be held at A particular program after it restated. The Custody order gives me final decision over health of the kids. The visitation program was deemed by me to be unsafe after my child was injured and untreated and falsely reported and the staff violated the confidentiality by discussing my kid without a waiver. My belief is that I have the authority based on my custody order to deem it in the best interests of the children to have supervision at another location as I have final decision making" until a court rules otherwise." Basically, I would like to file something with the circuit court to have the judge who signed the order agree with me. Can I file a Motion for Clarification or something to get the judge to clarify things? Thanks
Expert:  Samuel II replied 1 year ago.

Thank you. Yes, you can file a Motion to Clarify. However, your custody order granting your the Legal custody to make decisions is going to trump the protective order. If you file a Motion to Clarify the Protection Order, that will be filed in the JDR court. See if the clerk has a sample you can use as a guide.