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Temporary Vs Final Orders

Never said I was your mom's picture

Does the Temporary order expire after a final order has been issued we are having issues with requests that were in Temporary but such request are not stated in final orders?

step off already's picture

The way I understand it is that the temporary orders stand until final orders are written, but only if the final orders indicate a change from the temporary orders. Does that make sense?

For example. We have temporary orders that state BM can't take SS13 out of the county. This is not addressed in any of the subsequent orders, so we follow that. We also have temporary orders that dictate holidays. The final orders do not address that so we follow the temporary orders.

runninglawmom's picture

No, incorrect. The court nullifies the temp order by
issuing the final. It is a well-resolved legal concept-
anything final trumps all other orders before it in time -
even other final orders - unless the last in time specifically
"Incorporates" other orders as being in full force and effect.

But I'm just a family law attorney. See if GoogleLaw or
your next door neighbor heard of someone who had a
different result lol.

Sorry just being silly. This is well -settled, elementary
law. If the final order is less than thirty days old, ask your
attorney to file for more definite resolution on whatever
issue you feel the final order doesn't address OP. if its after that
thirty days, you will need a modification.

Kilgore SMom's picture

DH goes by the final order. Which is different From the temporary order. But our BM has SV only. And she can call the Dr.'s office and the school and ask question and she can come to school events. Our school is a very small school and all the sports are done by the next town over. So BM doesn't get to come to his sporting events. But it wouldn't suprise me if she ever showed up. Because they are done on public property.

runninglawmom's picture

Final orders one hundred percent trump temporary orders.
This is law school 101. Unless the final orders somehow
"Incorporate" the temporary orders specifically the temp orders
are now null.

step off already's picture

This is interesting. DH and BM both represented themselves in court. There were several hearings and mediations that took place in 2-4 month intervals throughout the year. The final orders just adds a few things:

1) both parents will take SS to his activities
2) when child does not have school, exchanges shall take place at xyz

So, we've gone by the previous orders and just incorporated the new items.

First orders/ RO gave BM visits on EO Sat from 1-4

Next orders gave BM EO Sat overnight working up to the entire weekend and also included a holiday schedule (this was after mediation)

Next orders took BM back to EO Sat overnight as she would not take SS to his events

Next orders the judge incorporated the items noted at the top and said they didn't have to come back any more if everyone was happy.