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Magistrate Report Vs. Judge Order

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mdsawyer52

Junior Member
What is the name of your state (only U.S. law)? FLA My granddaughter was to have supervised visitations with her father per a judges order a few months ago. The judge also referred the case to a magistrate regarding other issues. August 4th the magistrate sent out recommendations. My understanding is we have 10 days to appeal the report. In the mean time, the father has granddaughter this weekend and is not abiding by the supervision. Police were called and they went to fathers fathers house (where he is staying) and reported there was nothing they can do. In the meantime, my granddaughter is not safe.
Is the magistrates recommendation the new "order" during the 10 days in which an appeal can be filed? A judge has not signed the report and there are many errors (dates) on the report.
HELPWhat is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? FLA My granddaughter was to have supervised visitations with her father per a judges order a few months ago. The judge also referred the case to a magistrate regarding other issues. August 4th the magistrate sent out recommendations. My understanding is we have 10 days to appeal the report. In the mean time, the father has granddaughter this weekend and is not abiding by the supervision. Police were called and they went to fathers fathers house (where he is staying) and reported there was nothing they can do. In the meantime, my granddaughter is not safe.
Is the magistrates recommendation the new "order" during the 10 days in which an appeal can be filed? A judge has not signed the report and there are many errors (dates) on the report.
HELPWhat is the name of your state (only U.S. law)?
Are you the legal custodian of the child or is your daughter (the child's mother) the custodian?
 

Gracie3787

Senior Member
What is the name of your state (only U.S. law)? FLA My granddaughter was to have supervised visitations with her father per a judges order a few months ago. The judge also referred the case to a magistrate regarding other issues. August 4th the magistrate sent out recommendations. My understanding is we have 10 days to appeal the report. In the mean time, the father has granddaughter this weekend and is not abiding by the supervision. Police were called and they went to fathers fathers house (where he is staying) and reported there was nothing they can do. In the meantime, my granddaughter is not safe.
Is the magistrates recommendation the new "order" during the 10 days in which an appeal can be filed? A judge has not signed the report and there are many errors (dates) on the report.
HELPWhat is the name of your state (only U.S. law)?
A magistrate's recommendations are not a court order until the Judge signs off on them. The ten days that you are reffering to is the amount of time that a party has in which to file for a rehearing, or a clarification to amend for mistakes, etc.

The party can file for a clarification before the Judge signs the order, or up to ten days after the order is signed.
 

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