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Enforcing a judge's order when it's not on the signed order

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What is the name of your state (only U.S. law)? Oregon

I need to start enforcing the order that provides me with what minimal visitation I was awarded by the judge this past summer. However, another element of the judge's order which is not specified on the signed order was that ex shall complete the county required parenting class. I have the court transcript, where the judge can be heard making this order, but the written order itself does not specify this.

When I go to file sanctions for non-compliance of the order, can I include the refusal to complete the course even though it's not specified in the written order but is clear in the transcripts?
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Oregon

I need to start enforcing the order that provides me with what minimal visitation I was awarded by the judge this past summer. However, another element of the judge's order which is not specified on the signed order was that ex shall complete the county required parenting class. I have the court transcript, where the judge can be heard making this order, but the written order itself does not specify this.

When I go to file sanctions for non-compliance of the order, can I include the refusal to complete the course even though it's not specified in the written order but is clear in the transcripts?
you may need to have the order modified to reflect the transcripts. i'd take it back for clarification. it's harder to hold someone for contempt if it's not in the order itself.
 
you may need to have the order modified to reflect the transcripts. i'd take it back for clarification. it's harder to hold someone for contempt if it's not in the order itself.
Is that relatively simple to do? I'm going out to the county today anyway to get a certified copy of the order to keep in the car. Transcripts are audio these days, but the judge's instructions were loud and clear "You WILL go to KID's TURN."

I know I'm not scoring points with my kids by getting the police involved for visitation but on the same token, they are getting the message that it's okay to disrespect authority and disregard a court order. I wish there was another way, but there just doesn't seem to be an alternative solution.
 

Isis1

Senior Member
Is that relatively simple to do? I'm going out to the county today anyway to get a certified copy of the order to keep in the car. Transcripts are audio these days, but the judge's instructions were loud and clear "You WILL go to KID's TURN."

I know I'm not scoring points with my kids by getting the police involved for visitation but on the same token, they are getting the message that it's okay to disrespect authority and disregard a court order. I wish there was another way, but there just doesn't seem to be an alternative solution.
what did the judge mean by that? is that a therapy program? supervised visitation? what is the other parent doing against the court order?
 
what did the judge mean by that? is that a therapy program? supervised visitation? what is the other parent doing against the court order?
KIDS' TURN is a county-ordered parenting class that all parents going through parenting time modification must attend. He hasn't gone. In fact - he hasn't done much of anything to comply with any of the court proceedings.

Further, he is telling me not to bother picking the kids up for scheduled visitation - they don't want to see me. Maybe so... but it's been clear to all the attorneys that he is doing nothing to encourage visitation with me (we just can't get proof that he's telling the kids they don't have to go if they don't want to.)

The kids are pleasant and nice during the visitations we've had - once the judge ordered them to visit. Before that - they insisted they didn't want to visit then either. If I back off now, I'll just solidify their belief that they can cut me out of their lives. I'm not asking for custody anymore - I just want to be sure I have an instrument that allows me to stay IN their lives at least until they're 18. After that - I'm on my own to maintain contact.
 

Ohiogal

Queen Bee
Transcripts are NOT audio. Hearings may be recorded but then they are TRANSCRIBED if a party orders them and broken down into print.
 

Isis1

Senior Member
get the court order clarified. make sure dad is served with a copy. did the judge give a deadline of when the classes needed to be done?
 
Transcripts are NOT audio. Hearings may be recorded but then they are TRANSCRIBED if a party orders them and broken down into print.
Hmm then I must have used the wrong terminology. The audio file is from the hearing. I will inquire about getting the audio transcribed when I'm at county records today.

Thank you for the clarification!
 
Is there a minute order that the clerk prepared? Is it in there?
Interesting that he's not taken the class and has primary custody. And, is trying to get you to not come pick the kids up for your CO parenting times. He's flirting with danger here. Look at this post by great_ideas:
https://forum.freeadvice.com/divorce-separation-annulment-36/refuses-take-parenting-class-412512.html
Egad! My ex was ordered to mediation and failed to appear twice. The judge dismissed mediation because of the contentious relationship we have (it would never work). When he ordered ex to take the parenting class, ex very smugly said "I've already taken it once." So the judge asked "Oh? When was that?" Ex said "I don't know... 2000, 2001 - somewhere about then." The judge said "Well - you're taking it again."

Final hearing was set for February 11, 2009 but we went to settlement hearing two weeks ago. Now that's off the table because the kids have changed their mind to the parenting time they allowed their attorney to outline.

The supplemental judgment (order) still in place is from the judge's parenting time he outlined himself, since I wouldn't agree to no visitation in August and Ex and kids' attorney would not agree to re-instating 50/50 parenting time (status quo.)

I went from having a loving relationship with my kids last April to "I never want to see you again" because I foolishly took the advice of attorneys who said I needed to back off from enforcing the existing order. As a result, I didn't see my kids from April through the end of August - just enough time for my ex to poison my kids' minds and give them the authority and empowerment to make choices they're not mature enough to make.

**oops** forgot to answer your question about the minutes. I don't know if there is a clerk minute order. I'm going to find out today though!
 
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