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  1. #1
    DadNCali is offline Junior Member
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    Question Which court order is valid when there are multiple orders for the same case?

    Hi,

    My child custody /divorce case is in California (San Diego County to be exact). My question is, there are 3 orders for the same case so is something ordered in February 2009 still valid if the new order dated December 2009 doesn't make mention of it?

    Specifically, my son was ordered to be put in counseling back in February of last year, but the newest order doesn't make mention of counseling, nor does it say the old order is null and void. Is my son still supposed to be in counseling or is the new order the only document that matters now?

    I appreciate your help in advance =)

    -Jason
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by DadNCali View Post
    Hi,

    My child custody /divorce case is in California (San Diego County to be exact). My question is, there are 3 orders for the same case so is something ordered in February 2009 still valid if the new order dated December 2009 doesn't make mention of it?

    Specifically, my son was ordered to be put in counseling back in February of last year, but the newest order doesn't make mention of counseling, nor does it say the old order is null and void. Is my son still supposed to be in counseling or is the new order the only document that matters now?

    I appreciate your help in advance =)

    -Jason

    He should be in counseling...
  3. #3
    LdiJ is online now Senior Member
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    Quote Originally Posted by Zigner View Post
    He should be in counseling...
    Probably...unless the February 09 order was a temporary order that expired when the final orders were made.
  4. #4
    DadNCali is offline Junior Member
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    The old order was issued after an Order to Show Cause hearing and the last order was issued when the divorce degree was issued. Is an OSC order only temporary?

    Thanks again!
  5. #5
    LdiJ is online now Senior Member
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    Quote Originally Posted by DadNCali View Post
    The old order was issued after an Order to Show Cause hearing and the last order was issued when the divorce degree was issued. Is an OSC order only temporary?

    Thanks again!
    Possibly....

    You need to take all the paperwork and go get a consult with a local attorney, who can review it all.
  6. #6
    ecmst12 is offline Senior Member
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    Regardless of whether it is ordered or not, you should probably keep him in therapy.
  7. #7
    CJane is offline Senior Member
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    Quote Originally Posted by DadNCali View Post
    Hi,

    My child custody /divorce case is in California (San Diego County to be exact). My question is, there are 3 orders for the same case so is something ordered in February 2009 still valid if the new order dated December 2009 doesn't make mention of it?
    What's the date on the 3rd order?

    Specifically, my son was ordered to be put in counseling back in February of last year, but the newest order doesn't make mention of counseling, nor does it say the old order is null and void. Is my son still supposed to be in counseling or is the new order the only document that matters now?

    I appreciate your help in advance =)

    -Jason
    What exactly does the order say regarding counseling?
  8. #8
    tjk
    tjk is offline Member
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    There could also be a paragraph in a new order that states something to the effect that the terms of any subsequent orders, if any, that are not in conflict with the new order remain in effect.
  9. #9
    DadNCali is offline Junior Member
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    Thanks for all your replies! The 1st order was about two years ago...from an Ex Parte hearing, the 2nd order (the OSC) contained the order to put my son in counseling, and the 3rd order (from the last hearing) addressed any lingering issues we had, but did not make mention of counseling one way or another.

    The issue is, I had my son in counseling and his mother took him out (probably because she doesn't want any issues being discovered). Her attorney told me that she could do this because the latest order didn't order counseling and therefore it was void. The latest order makes no mention of the validity of any previous orders. My thoughts were that anything stated in the old order should still be in effect as long as there was no conflict with the new order.

    The old order also states that I'm to claim my son as a dependent...but the new doesn't address that issue either so my ex claimed him for last year. This is all very confusing!

    -Jason

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