I have a high conflict custody situation and a court ordered PC. Her appointment ends this week but I can not find a signed contract. There is no contract or any PC related filings with the court and she has yet to provide a copy of the contract although she has been asked for it. My ex husband’s attorney states she does not have a copy of it as well. My ex wants to keep her because she seems to be on his side. I do not.
What happens if there is no signed contract record at all? What happens if there is a signed contract but it was not filed with the courts? Will any of the decisions she has made still be valid if nothing was ever filed with the courts?
If no PC appointment was ever signed by the judge and filed with the courts, then the PC was never properly appointed. If the PC’s term ends this week, then there is no obligation to continue with the PC’s services unless one of the parties makes a motion in court to have the PC formally appointed.
If you and your ex-husband both signed a contract or both signed the PC appointment order (though it was never filed), you should still follow the decisions of the PC. The unfiled appointment order, even if signed by both parties, can act as a contract and obligate you to follow the PC’s decisions.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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