File a Motion to Clarify to handle order ambiguities?

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File a Motion to Clarify to handle order ambiguities?

Unread postby trappeddad » Fri Jan 20, 2017 10:06 pm

The final court order has many gaps/ambiguities that my ex as the primary custodian and legal tie breaker takes advantage of. I am required to wait another year+ to ask for a modification, but I wander if I can just ask the judge to confirm what is missing on the order. Some examples of what are missing on the order are:

- No mention on the handling of our son's passport.
- No mention of school holidays that are not Spring Break, Xmas and Thanksgiving. These will be about 13 days next school year.
- No mention if skype/video chat is allowed.
- I am given a time to pick the child up from school, but the order does not include the time for summer camp.

My ex wants to manage the passport at her whim, have the child for all school holidays not in the court order and disallow me from using skype, etc. Since the judge never ruled on these items, I do not believe it is a modification and I just want to confirm what the judge thinks about these topics. Otherwise, my ex makes all decisions when ambiguities occur.
Last edited by trappeddad on Sun Jan 22, 2017 11:17 pm, edited 1 time in total.
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Re: File a Motion to Confirm to handle order ambiguities?

Unread postby Tom Kirkpatrick » Fri Jan 20, 2017 11:37 pm

trappeddad wrote:No mention on the handling of our son's passport.
As of right now, who has the passport??

Tom
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Re: File a Motion to Confirm to handle order ambiguities?

Unread postby trappeddad » Sat Jan 21, 2017 7:43 am

nobody. it needs to be renewed. the old passport expired
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Re: File a Motion to Confirm to handle order ambiguities?

Unread postby Tom Kirkpatrick » Sat Jan 21, 2017 1:35 pm

trappeddad wrote:the old passport expired
Do not renew the passport.

trappeddad wrote:I am required to wait another year+ to ask for a modification.....
On a scale of 1 to 10, getting a decree modification ranks around an 8+. Even on a good day, modifications are very difficult to get.

trappeddad wrote:My ex wants to manage the passport at her whim
Unless you give in, this will not happen.

trappeddad wrote:Since the judge never ruled on these items.....
If your decree is silent on these issues means NJ calls the shots.

Q's: In specific terms, what is your current parenting plan?? Who wrote the decree?? Did you settle out of court??.....or did the judge make a formal ruling from the bench??

Tom
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Re: File a Motion to Confirm to handle order ambiguities?

Unread postby Trevor » Sat Jan 21, 2017 3:14 pm

I'm guessing the items you listed are covered in existing terms. For example, most courts don't need to split out medical, dental, vision, and mental - it's health care. If the language isn't explicit around these things and grants her tie breaker, then I would assume where the court is silent it implies she gets the tie breaker on disagreements. What exactly is the language?
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Re: File a Motion to Confirm to handle order ambiguities?

Unread postby massdaddio » Sat Jan 21, 2017 8:18 pm

In Mass, you can ask for a clarification. I've only done it once, but the judge did provide more detailed orders which made life easier.
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Re: File a Motion to Confirm to handle order ambiguities?

Unread postby trappeddad » Sun Jan 22, 2017 10:48 pm

Trevor wrote:I'm guessing the items you listed are covered in existing terms. For example, most courts don't need to split out medical, dental, vision, and mental - it's health care. If the language isn't explicit around these things and grants her tie breaker, then I would assume where the court is silent it implies she gets the tie breaker on disagreements. What exactly is the language?


She gets tie breaker on medical, extra cirric and education. i am not fighting for modification right now, but there are areas needing clarification that do no relate to those 3 areas.
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Re: File a Motion to Confirm to handle order ambiguities?

Unread postby trappeddad » Sun Jan 22, 2017 10:51 pm

Tom Kirkpatrick wrote:
trappeddad wrote:the old passport expired
Do not renew the passport.

Q's: In specific terms, what is your current parenting plan?? Who wrote the decree?? Did you settle out of court??.....or did the judge make a formal ruling from the bench??

Tom


The judge made a ruling from the bench.
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Re: File a Motion to Confirm to handle order ambiguities?

Unread postby trappeddad » Sun Jan 22, 2017 11:14 pm

I probably should have stated I need a " motion to clarify" and not "confirm". Will try to change the subject
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Re: File a Motion to Clarify to handle order ambiguities?

Unread postby steelmark » Mon Jan 23, 2017 12:26 pm

Is it implied that she is the tie breaker or is it written?

My decree gives me tie breaking authority in writing.
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