I’m searching for a legal term, but also would like to confirm my understanding of something when there are multiple Orders regarding things such as visitation - meaning there have been Motions to Modify and changes made to previous Orders outlining visitation.
I would like to confirm that if a subsequent Order does not specifically address an item in the prior Order, then that particular piece of the original Order remains. For instance, original Order states NCP has visitation every other Thanksgiving and every other Christmas Day. A later Order modifies the Christmas visitation to every Christmas Eve. The portion of the original Order addressing Thanksgiving remains exactly as is, correct? If the new Order does not completely replace the prior?
If I have this correct, what is the legal term used for this?
Custody orders are always modifiable; the court will always grant a modification to an existing order where the best interest of the child is served by the modification. As time passes, circumstances change and so often the court will end up issuing numerous custody orders over the years, although I’m not sure of a specific term that refers to multiple custody orders.
You need to read the new order carefully. Does the new order say that all provisions of the previous order remain in place except as modified by this order? Or is it silent? Unless the new order is clear about what happens to the previous order, the portions of the previous order that are not modified may still be in effect.
The newer Order(s) are silent - meaning does not address portions of prior Order(s). Does not state other provisions are still in effect. Doesn’t state anything at all, so my understanding was the prior portions not addressed specifically in the new Order remains in effect - not changed.
If the order is silent then I would work under the previous order for Thanksgiving visitation. If it becomes an issue I would argue that because the oder is silent, the potions of the previous order that are not addressed in the new order remain in place.