Q: can the defendants attorney change the judges court order ?
My ex and I have a court order stating that I pick up our sons for dinner visit every Wednesday from 5:30 p.m. to 7:30 p.m. and I am responsible for all transportation. We had this exchange at her residence plenty of times but due to her non trustworthy manner I had the police involved and in the police report we both agreed that we will now do the parenting time exchanges at the police station. I received an email from her attorney stating that I am to pick the children up from her residence Etc because she hired a third party so we won't have to have any contact. I do not feel safe going to her residence considering the previous circumstances. Have happened on her property. I never agreed to anything her lawyer is stating nor was informed by her and I want to know if her attorney can change custody order without me agreeing and also if what the attorney says supersedes an agreement by both parties in a police report
A:
Hello and thanks for your question. I'm sorry that you're having a difficult time with your children's other parent. I'll try my best to give you some general advice on this public forum that is hopefully helpful to you. From what you have written, it appears as though the court order, as it stands right now, calls for you to pick up and drop off your children from your ex's home. I understand that you have had difficulties with this arrangement and as a result, the police were unfortunately involved.
You state that you and your ex came to an agreement between the two of you regarding changing the pick up and drop off location to the local police station. Was this agreement in writing? Did you discuss this with your attorney? Obviously, do not put too many personal details on this open forum, but these are some of the questions that would be asked in a consultation to get more details.
What it seems to me happened is that you and your ex made this decision together, but did not put it in writing and she perhaps changed her mind about it. Unless and until one of you asks the judge, by way of a motion, to change the existing court order that specifies pick up and drop off at her home, that will remain the order that is in effect. A court order cannot be changed verbally, even if the two of you were able to agree. Of course, the judge would consider the police report as evidence that you agreed to this at some point. However, it seems your ex no longer agrees and it will be up to the judge. He or she will base her decision on whether or not transfer of your kids at the police station is in their best interests, and that may be. Either way, if you wish this to be the arrangement going forward, you need to ask the court to change the current order as it is now written.
If you need further advice, consider a consultation. We have a state-wide practice but other family lawyers also offer free consults. Hope this helped. Regards, Bari
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