Legal Question in Family Law in Maryland
Would I be violating an order or not?
Q: I went before a Master in AA Co. came an agreement in a child custody case. As to my knowledge the Order has NOT been signed by all parties or the Master. Would this be a valid order or not? The order (?) states that the child is to fly for the holiday to the other parent but do to the fact I will going there for the holiday myself, I have chosen not to fly the child. The other party disagrees, saying that the papers state that if we do not agree then the child is to fly.
1.) Would I be violating anything if I do not fly the child?
2.) If I am violating the order (?) by not flying the child would it make a difference if I even dropped the child off?
2 Answers from Attorneys
Re: Would I be violating an order or not?
An Order is not in effect until signed by a judge, not the Master. The Master can only make recommendations to the judge, not issue orders. An order can be in effect before it is signed if it is issued orally in court, on the record, by he judge. If you have entered into an agreement with the other party, moreover, it is generally presumed that the agreement is in effect before any order is signed. In spite of all that, and assuming that there is no reason for a reference to flying other than that being a necessary form of transportation when you are not driving the child yourself, I see no reason for a court to find you in contempt for delivering the child to the other parent without sending the child by air. The only reason I can think of for the other parent to object to your personally delivering the child is that perhaps you and he/she do not get along well enough to handle the delivery of your child without extreme unpleasantness,or if there is a history of abuse or domestic violence which causes the other parent to want no contact. If that is the case, find another way, with an intermediary, of getting the child to the other parent.
Re: Would I be violating an order or not?
I don't see why the other parent should be concerned about the mode of transportation, just as long as the child arrives on time for the visitation. I don't see a court finding you violated an order on this basis.