Legal Question in Family Law in Washington

No final orders ever entered as judge directed???

I was, and am, unrepresented in what started as a motion to temporarily restrain relocation of child (filed 15 months after I moved). The judge directed my ex husbands attorney to draft 3 seperate final orders denying motion to temporarily restrain relocation of child, denying change of venue, and denying motion for contempt. This was never done. There are not any final orders on these motions in the court file. I know this can't be ok and/or right. I brought it to the clerks attention, but nothing was done about it. What can I do about this? It appears to me that these missing final orders caused the judge to misinterpret the case file. Somehow the denial of these 3 motions turned into a messy custody case. I was also served papers on Dec. 5, 2006, which included a Docket Notice telling me to appear in court in one county on Friday, December 18, 2006 at 10:30a.m., when I was actually suppose to be in court in a different county on Monday, December 18, 2006 at 9:30 a.m. I went to where the papers said to be, and because I wasn't at the actual hearing I apparently lost custody of my son! Also, included was a Summons that says I have 20 days to respond, but received only 15 days before the hearing date. Please Help!


Asked on 1/09/07, 12:55 am

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: No final orders ever entered as judge directed???

First, the clerk can't compel or prepare orders (except in a few specific and very narrow areas and this is not one of the areas where clerks take action). If the notice sent you to the wrong courthouse you have grounds for a motion to vacate order. The summons (which provides for 20 days to respond) and petition are the basis of the action, but the notice for hearing was probably for a hearing on a motion for temporary orders and has different response requirements (and typically only requires 14 days notice).

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Answered on 1/09/07, 2:41 pm


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