Legal Question in Family Law in California
My ex and I went to a conciliation hearing in which we settled everything but 2 issues. We now have a conciliatory agreement that was signed by a superior court judge on July 5, 2012. During the trial for the 2 issues we could not agree on, the judge ordered opposing counsel to draw up the judgment as I was representing myself. I received the judgement a couple of days ago, and opposing counsel incorporated the conciliatory agreement into it for the trial judge to sign. She also changed it from the original agreement to favor my ex. I have already talked to opposing counsel to request that she keep it strictly to the 2 issues at trial as an addendum to the order already in effect, and instead she changed the section back to reflect the conciliatory agreement, but it's still not word for word. What I need to know is if it is standard procedure to incorporate agrements already in effect into a judgement? I also need to know what my next steps are if it is not.
2 Answers from Attorneys
I run into this problem a lot when I review family law cases. The parties will agree on items, and then one side or the attorney for one side will draft a proposed order or judgment that either does not conform to the judge's orders or the parties agreements. It's a pain.
If you are handling the family law case in the Los Angeles County court system, I highly advise you to thoroughly familiarize yourself with the local rules of court regarding family law cases. You can read them at this link: http://www.lasuperiorcourt.org/courtrules/ui/index.aspx?ct=FA&tab=4
There are special rules and a timeline to object to one party's proposed order or proposed judgment that does not conform. I suggest following that procedure, preparing an objection to have served on opposing counsel, and then filing that objection with the court.
"You should always try to keep your eye on your opponent, and never let yourself be deceived by ruses." - Oswald Boelcke
While I agree with Mr. Roach, it does not appear he has answered your actual question. The answer is "Yes." When preparing a judgment, not only is it standard procedure, it is essential to include the agreements as well as the ruling on the disputed issues. There can be but one judgment in a case, and it must be complete. If the proposed judgment does not conform to the agreement or the ruling in some material respect, then you must proceed as Mr. Roach outlines.
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