What Is An Agreed Order In Divorce Court?

By Robin Roshkind, Esquire, West Palm Beach, Florida

An agreed order begins with a dispute.  The husband or the wife file a motion.  It could be a motion to compel production of documents; a motion to freeze assets; a motion to return property; a motion for contempt.  The motion arises out of a dispute of the parties, during the ongoing divorce proceedings.

Under normal circumstances, a judge who is assigned to the main case, will hear all the motions that go along with it.  The lawyers will have to appear in court on the motion to either advocate or defend the motion.  Sometimes there are affirmative defenses to the motion, that is, a reasonable excuses as to why the motion arose in the first place.  The judge will hear affirmative defenses and then rule, either granting or denying the motion, and issuing an order from the bench. 

But sometimes, by merely filing the motion, the disputed issue can be resolved among the parties without the need for going to court.  This saves the parties attorneys fees, time and money.   Once the motion is out there, the parties can agree to resolve the dispute reasonably.  So on a motion to compel production of documents, for example, the parties can conceivably decide together on an extension of time and a deadline by which the documents will now be due.  This agreement is reduced to an agreed order, and is fully enforceable by the judge.  On a motion to freeze assets, perhaps the parties can agree as to which particular assets to freeze.  This agreement similarly will be reduced to a court order, signed by the judge and fully enforceable by the court.  On any motion, the return of personal property, contempt, attorneys fees, anything, can be agreed upon by the parties, reduced to a court order signed by the judge, and then fully enforceable by the court.  Enforcement can be by contempt, imprisonment, fines, fees, and other sanctions.

Agreed orders are just like other orders signed by the judge, but without the need for a hearing, saving the parties time, money, and stress.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Summer Time Sharing and Court Orders

by Robin Roshkind, Esquire, West Palm Beach, Florida

There are court orders in divorce matters that spell out summer time sharing for minor children of divorce.  And there are those among us who disobey these court orders to their own detriment and that of the minor children.

When it comes to summer time sharing, the parent may deprive the “other” parent of their court ordered summer time sharing out of spite, vindictiveness, or a million other reasons.  This behavior is punishable by contempt.  But the time is lost, you say.  While that is true, here is what happens when summer time sharing by court order is disobeyed.

The wronged parent can file a motion for contempt.  If airline tickets or camp fees were paid, the court could order the wrong doer parent to reimburse the wronged parent for all those costs.  The court may also award attorneys fees as well as make up time with the children.

So all is not lost.  It is all just unfortunate, inconvenient, and costly for all involved.  Especially the children who were looking forward to being with the other parent for summer vacation.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN Roshkind, PA at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information. 

What Happens If I Don’t Follow A Court Order?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce court, there are many court orders for many things:  temporary relief orders order a party to pay child support or alimony to another; orders to compel production of discovery documents usually have a deadline by which to comply; orders on time sharing of children set forth parameters of when and where to pick up and deliver kids;  there are all sorts of court orders in divorce cases.

So if you don’t or can’t obey a court order, the other party has the option of holding  you accountable.  If that party takes an affirmative step to hold you accountable, you may face a motion for contempt and enforcement of a court order.

Depending upon whether you intentionally violated the order, or it simply was impossible for you to comply makes a big difference.  For more information about this or other divorce topic, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

What If HeShe Won’t Return The Child?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You have a court order in place giving each parent a time sharing schedule.   The other parent won’t return the child per the court ordered schedule.  You can do one of several things:

You can call the police and maybe they will intervene and maybe they won’t.  It depends upon how busy they are at the moment.  The real truth is that keeping one’s own child is not a criminal act unless the child is removed from the country.  Otherwise it is a civil matter and up to the discretion of the police if they want to get involved. 

You can call your lawyer.  The lawyer will file for an immediate pick up order if the child is endangered.  Or if not, the lawyer will file a motion for contempt and enforcement of the court order.  However, this takes time to get into a court hearing.  Such issues are not seen as emergencies by the judge unless the child is somehow endangered.

You can appeal to the common sense of the wrong doing parent.  This usually does not work.

Where there is no court order for time sharing or custody in place yet, as in a paternity case that has yet to be adjudicated, or in a divorce case that is still pending and time sharing has not yet been established, that makes it more difficult to control.

The best advice is to get some arrangement agreed upon and make into a court order as soon as possible.  That way, if one of the other parent keeps the child without permission, and in violation of the court order, you have recourse.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.