My ex and I settled final custody details that were entered into a MOJ, signed by both of us, and the judge. I have a few questions:
are the summary details binding in a MOJ once signed by a judge? Can a party change their mind?
if one party is not being responsive to put the moj details into a consent order, what options are available? At what point does non responsiveness become actionable by the other party?
Thank you
A settlement that was entered in a Memorandum of Judgment and signed by the judge is binding and cannot be changed unless both parties agree to a change. One party cannot change their mind if the MOJ has already been signed and filed by the judge.
Generally an MOJ at the bottom of the first page includes who is to draft the formal order and when it is due. If that is not happening after a reasonable amount of time past the deadline date and after friendly reminders, the other party would file a motion for entry of order and set it for a court date to force the drafting party to actually draft the formal order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
We are sitting at 4 months since the moj. A draft was provided per the moj but they have been sitting on redlines for two months and not answering or being vague with followups.
What is considered reasonable time wise? Are we still within that window or outside of it?
I would say two months to respond to a draft of a formal order is beyond a reasonable amount of time.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.