Quote:
|
Originally Posted by tashy4
Also, does this mean that once the cour order comes out and a without prejudice is used the "settlement" is not valid and there would be an opening to have a new temporary plan? put into place correct? How soon after her attorney files the paperwork would she be able to file a new temporary plan. As the way I see it with the perception that there is now a new permanent plan (not so in this case correct?) therefore the temporary plan is no longer valid meaning there is no open custody order thus meaning she can in turn file new temporary orders.
|
When you have a new party as Plaintiff, assuming she was Defendant prior, the orders always start out as temporary because these are signed ex parte. A hearing is required to make the order permanent. What she would do is to present her motion to a district court (criminal) judge singularly and convince him that her rights have been violated enough as parent to warrant the action. When the temporary orders are in place, these supercede all previous orders without nullifying until the permanent orders are in place or the expiration of the temporary orders with whichever comes first.
Truthfully, I doubt her attorney will do it without some BS because of the good old boy system as they do favors for each other and not their clients which means that he will stick her with a large invoice for nothing, FYI.
Without prejudice here, is rather moot, because she is the attacker then. She would use without prejudice in signing any documents served to her to later appear in court and not be used against her or to where she can return these refusal for cause instead of. Definitely continue to sign without prejudice to
anything regardless.