Legal Question in Family Law in California

My question is, my ex husband and I signed a stipulation and order to child custody/visitation with our court here in Humboldt County CA. We signed the front page and there were 2 documents attached to it. The 2nd page is hand written by the mediator, the 3rd page is a typed generic form with boxes you can check which items we as parents need to do and not do. At the bottom of page 3 there is an area that shows where we should have initialed. The mediator did not have us initial or sign this page or page 2 only page 1. However, these 3 pages were signed by the judged and filed with the court. My ex is now saying he does not have to go by what is checked on page 3 because we didn't initial it. I filed a motion with our court that he disobeyed the orders and is in contempt. His public defender is saying since it wasn't signed or initial he's not in contempt. Wouldn't that make page 2 also void then? I have proof he disobeyed these orders. Will my order to show he was in contempt be upheld or will it be thrown out do to technicality?


Asked on 2/23/10, 11:14 am

1 Answer from Attorneys

I can't tell you what a bad judge might do in a particular case. Sometimes a bad judge and a bad argument have a meeting of the minds. With that said, however, he should be held in contempt. The purpose of initialling pages is to make sure there isn't any dispute over the content of the document at the time it was signed. If you initial pages there can't be any meaningful claims that the page was not included or was altered after the signature page was signed. Furthermore, once the judge signs something and makes it an order of the court, whatever was there is part of the order, whether the parties signed, initialed, or not. If he contended that he did not agree to page 3 or that it was not binding on him when he signed page 1, the time to make those arguments was before the agreement was turned into an order. Once there is an order, the agreement is irrelevant. What is in the order is the order, no matter what the parties agreed to before the order was entered. So point out to the public defender that the order includes page three, and parties don't have to sign or initial orders. Once the judge signs it, its an order of the court and disobediance is contempt. If he won't listen and cop a plea, then remind the judge of the same thing. I can't promise results, but most judges don't like people who pretend they an pick and choose what parts of their orders get followed by playing technicality games.

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Answered on 2/28/10, 11:53 am


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