Legal Question in Family Law in California
protocol in serving court papers in summer custody
Recently we went back to court and change visitation to one week at summer and at christmas and every other weekend year round to keep the children out of a tug o war with the other parent.Question. after the 10 day period the other party did not sign legal papers so we walked the court orders in and the judge clerk stamped them in affect. We sent a copy to ex spouce and realized the dated everyother weekend shcedule was not in the envelope so we sent another court order with the shecdule certified and the pary never signed for it. And it was returned to us.Does that effect the court order at all? Do we need to go back to court, if the other party is refusing to accept the new order what can we do to make everything legal? Thank you for you time.
1 Answer from Attorneys
Re: protocol in serving court papers in summer custody
If I understand the facts a page of the stipulation was left out of the order signed by the parties and the court. The court will follow the written order that it signed. Therefore you would have to have the order corrected. This can be done by either another stipulation, or if the other party will not cooperate then you must file a motion to correct the judgment.
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