Legal Question in Family Law in California

Court order not being filed by lawyer

My case was heard at San Jose, Ca. court.......judge gave me (the father) 35% physical custody (used to be 20% as per our divorce agreement)....judge gave me visitation of Mon-Fri from 3pm -6pm and every other weekend. To which both sides have been abiding by.....but my lawyer never filed the court order.....because ex would not sign it......so when we went to mediation to fix some concerns involving vacation time with our 2 boys (4 & 5).....because ex has turned down every request I have made for vacation with them......I found out that the court order was not filed so basically my ex doesn't have to allow my 3-6pm visitations......So question is ....can the court order be filed without her signature?......and is there a time allotted before the court order has to be filed?(because its been like 8 months since our court date).......also can I sue my lawyer for not doing his job and getting the order signed and filed in a timely manner?


Asked on 4/14/09, 10:17 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Court order not being filed by lawyer

It's a Court Order, the ex doesn't have to sign. Typically, the court instructs an attorney to prepare the formal order after hearing, send it to the other side, for comment, wait 10 days, if no agreement, each side can file their proposed order with the Court and the Court will sign the order the Court's deems in conformity with its "

minute order" or oral order.

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Answered on 4/14/09, 11:52 am


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