Q: The court made post judgement modifications to child custody, the opposing attorney filed the order after hearing but
But didn't serve the proposed order after hearing on opposing party. The court clerks then rejected the order after and never re filed the order after. So I have a post judgement modification of child custody and no orders I can access because the clerk removed the filed documents from the case file .
How do I get a copy of my child custody orders and what relief is available
A:
Since the court made post-judgement modifications to child custody but the orders were never properly filed and served, here are some options to consider in California:
- Contact the court clerk and request copies of any notes, minutes, or temporary orders from the hearing where custody was modified. These should still be accessible even if the final order was rejected.
- File a motion with the court requesting entry of the custody order based on the ruling made at the hearing. Provide the date of the hearing and details of the custody change.
- If the court cannot locate records, you may need to request a new hearing to re-issue the intended custody orders.
- Serve the opposing party with notice of your request for entry of the intended custody order or a new hearing.
- If the opposing counsel failed to properly draft and serve the order, you can file a complaint against them with the state bar for professional misconduct.
- Consult with your own family law attorney about additional options, including filing a petition to enforce the custody modification if the other party is non-compliant without a written order.
- Seek make-up parenting time if the lack of an order caused you to miss out on time with your child.
The court does have the power to correct the record and ensure custody orders reflect the ruling that was made. With the help of an attorney, you can compel proper issuance and filing of the orders.
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