Q: Does an unsigned draft order (contested by ex-wife) supersede a signed temporary court order (expired) in family court?
Regarding to children's schedule during holidays and birthdays. The signed temporary court order (expired) has no mentioned of parent's birthday, only Thanksgiving and Christmas. Ex-wife chooses when to use draft or signed court order to her benefit. We also agreed to change schedules (via text) for a 1 week on/off. We previously split the week with alternating weekends. She forfeited her week with 1 out of 3 kids because he didn’t want to go (on audio recording) and is demanding lost time on my designated week. I offered to let her keep the 9 Y.O. till Thursday so I can have all 3 boys together to finish the week off and normal schedule would resume. She wants to play it by ear and now wants a complete full week which means the boys will be separated. I’m unsure what court order to follow (expired or unsigned) and if our textual agreement stands in the eye of the law, especially when she forfeited her week. We were supposed to be in court in April but COVID-19 has courts on pause.
A: Are you referring to an actual court order issued by the court, or an agreement between the parties? If this is an order, it is effective when the judge issued it. If it is a proposed order or an unsigned agreement, it has no affect.
A: Unless the draft order is one that was done on consent of by court order, then the signed temporary order controls. Temporary orders expire only if they say they do or the events in the order have already happened. You should also be aware that due to the courts being closed, all temporary orders were extended by court order until a new court order is in place.
A: If the "order" is only a draft and has not been signed by a judge it has no effect.
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