getting new order signed

[luckymom]

What is the name of your state?
Texas has jurisdiction. We live in Illinois.

I went to court in December. He sued for custody after I moved out of state, while I sued for changes in visitation and child suport After the hearing (I retained custody and got an increase in support), the agreement was that ex's lawyer would draft the new order. It took her almost 4 months to do so and what she produced had no resemblance to what the judge actually said. Ex's lawyer tried to insert a lot of stuff that wasn't even part of the hearing and did a lot of "creative interpretation" about what was said. In the end, my lawyer just drafted his own version of the order, and on Friday there is a hearing to get an order entered. My question is, can a judge rethink what she ordered without new testimony, or is the purpose of the hearing simply to make sure that the written order accurately reflects the verbal order made in court?

 

[oberauerdorf]

And what did your attorney tell you when you posed this question?

 

[BL]

Was the original Hearing ( Judges Orders ) recorded ?

I would not think the Judge would deviate much from what he/she told the Lawyer to draw up .

 

[snostar]

My question is, can a judge rethink what she ordered without new testimony,

Yes.

or is the purpose of the hearing simply to make sure that the written order accurately reflects the verbal order made in court?

Maybe. Have there been any changes in circumstances since December? Unfortunately, Judges can basically do whatever they "feel" like at the moment.

 

[luckymom]

Yes, there was a court reporter there, and so there was a transcript. I thought that "due process" would require that a specific rquest for modifcation be filed and heard before a judge before things could were added to a new order, unless both sides agreed.

 

[BL]

This would be the purpose of the hearing.

For the Judge to hear both sides interpretation of the Order(s) drawn up by both side, to determine the accuracy and consistency of what the Judge Ordered, and For the Judge to decide if there should be ANY adjustments to the Final order drawn up before He/She signs it.

It appears as if your Lawyer reviewed the other Lawyer version,didn't think it accurate,so he/she drew one up that he/she believes is accurate, to present to the Court.

Let the Lawyers battle it out with the Court.
Whisper to your lawyer if you recall anything of relevance that is out of place so it can be brought up then and there .

And read it before Court .