Judge not enforcing his own orders


#1

I don’t get it, why do you think the judge is not going to enforce the order? Another question, can you work something out w/ your ex so that you have your child for additional time to compensate? Why do you think you will have to pay if you haven’t agreed to it?


#2

I have to pay for things whether I agree to them or not. It makes no difference. This judge made me pay, via a Court Order, for things I had nothing to do with already. This judge has ordered me in the past to take my child places that my ex signed my child up for on my custodial time without my consent. The judge has previously disregarded the custody order in making me “agree” and forcing me to do what my ex desires with no regard for my custodial time. That’s why I’m sure I’ll be ordered to allow my child to go to camp and pay for it too. Ex NEVER compensates me. I’ve tried to do the right thing. I’ve tried to co-operate with my ex and have allowed my child to attend some things with my ex on my weekends. Although I’ve asked for compensation, I do not get anything in return. Why should he? The minute I don’t agree, I’m hauled into Court and forced.


#3

A court will not always enforce its Orders to the letter. It is impossible for a judge to predict all possible scenarios when they issue an order. The court may interpret its own order from time to time to allow it to work for both parties. Do you stay at home with your child, are you losing custodial time by your child being in summer camp?

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
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704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
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ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My custody order states alternate weeks of custody between my ex and myself. I have a situation where the ex has taken two of my custodial weeks away by signing my child up for camp without my agreement. I’m supposed to have joint legal custody, but this Court is slowly taking my rights away. I fully expect this judge to order me to allow my child to go to camp and give up my custodial time and pay for it too. What I am asking, is IF the judge does this, do I have any recourse against the judge for not enforcing his own orders?