This is a difficult question to answer without reviewing the actual court file. It is very unfortunate that an Order has not been filed from a hearing or trial that took place in April. It is possible that one of the attorneys was instructed by the judge to draft the Order and has failed to do so. It is also possible that the judge intended to draft his or her own Order and hasn’t yet done so.
As far as your friend’s attorney, even if the bill has not been satisfied in full, he or she is still your friend’s attorney of record until a judge signs an Order allowing the attorney to withdraw from the case. Your friend should ask her attorney who was to draft the Order. Your friend could also try communicating with the judge about the status of the Order through the Clerk of Court.
As far as your question about which takes precedence, the “mediation papers” or the judge’s Order, again, it is impossible to know without reviewing the provisions of the documents in question. If the “mediation papers” to which you refer is actually a Court Order that says that custody remains with the mother pending further Orders of the court, and another Order hasn’t been filed, the mother may still have primary physical custody. In my opinion, this is unlikely. It is most likely that the April ruling by the judge takes precedence. However, as to whether that Order prohibits the father from removing the child from the state, I have no way of knowing.
Yes, your friend would be able to file a motion asking the court not to allow the father to remove the child from the state.
Best of luck to your friend and her children.
Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.