Legal Question in Family Law in Utah

I have been trying to resolve a child custody case. In December, 2009, we reached an agreement at a hearing before the commissioner. We were directed to draft a Temporary Order and Stipulation, which I did as the Petitioner, to have it notorized, and sent back to the Court. The Court accepted the settlement at the hearing. Upon giving it to the Respondent, she never got it notorized. Few months later she said she was no longer in agreement.
Last month I filed an Order to Show Cause for Contempt for Respondent's failure to follow through. I was instructed to file the Order and Stipulation with my signature only, with a Motion to Execute the document through alternate, along with a Motion for Leave to Amend Original (seeking Joint Custody now). Included at the end of the submissions was a Certificate of Delivery. I did this as instructed by an attorney through legal aid.
Commissioner sent the Order back saying there was no proof-of-notice attached, yet there was, and that the Order was not signed by the Respondent, therefore could not be accepted. Why would the Commissioner send the Order back knowing very well that Respondent has refused to execute the document after the agreement was made before the Commissioner at a hearing?
What can I do to press this issue, and get this Order issued by the Court?

Asked on 7/12/10, 3:53 pm

Alvin Lundgren Alvin R. Lundgren, L.C.

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0 attorneys agreed

Ask for a hearing with the Commissioner and explain to the Comm the situation.

Answered on 7/13/10, 7:19 am

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