Motion for clarification/is there a how to?

[raymondhs]

Hi all, My first post and very glad that I found this site. I did use the search button but couldn't find anything usable. 

Please bear with me...I've had primary physical custody since 07 and just recently awarded legal custody. My issue is that with the latest ruling on 10/09 it states her visitation as every other weekend with Wednesdays overnight. Any refusal by her to return my girls as immediate automatic suspension of all of her parenting time.  BUT in line 4 of latest ruling states that "otherwise the parenting plan of may 21, 2007 remains in full force and effect". 

So does this mean that her visitation is only every other weekend with Wednesdays overnights only and other parts of the parenting plan of 2007 are in "full force"?
OR
Does it mean that her regular visitation is every other weekend, Wednesday overnights AND to include the holiday schedule (Christmas, mother's day, fathers day, february & april vacation) which was covered in the 2007 parenting plan.

word for word the latest ruling on 10/09.
Master recommends:

1. Mr. S is awarded sole decision making responsibility for the girls. Ms O shall nevertheless have access to the girls' educational and healthcare providers records.

2. Mr. S is awarded primary residential responsibility for the girls.

3. Ms O shall have parenting time with the girls every other weekend from Friday at 5pm until Monday morning when the children go to school and each Wednesday overnight from after school until they go to school the following morning.

4. Otherwise, the parenting plan of May 21, 2007 remains in full force and effect.

5. Ms O shall not make a request for expanded parenting time and the clerk's office shall not accept such a request unless and until she has obtained a full scale pyschological evaluation which she shall file with the court and which the court shall review in camera and hold confidentially at leat until further order of court.

6. Any refusal by Ms O to return the girls to their father's home after any scheduled visit will result in an immediate, automatic suspension of all of her parenting time.

Also if there's a site that shows how to write a "Motion for Clarification" so I can have this resolved once and for all I'd be very grateful.  I have to do this pro se.

Thank you,
Raymond

[m_t]

OR
Does it mean that her regular visitation is every other weekend, Wednesday overnights AND to include the holiday schedule (Christmas, mother's day, fathers day, february & april vacation) which was covered in the 2007 parenting plan.

This would be my interpretation.

[raymondhs]

Thanks for your quick reply. 
Do you know of a site that shows how to write a "Motion for Clarification" so I can have this resolved once and for all I'd be very grateful.  I have to do this pro se.

[m_t]

I don't, but a good place to start would be http://divorceinfo.com/alhelps.htm

Good luck.

[TC]

What the hell does the parenting plan of 21 May 2008 state?

There is no way to answer your questions without knowing that.

As for the Motion for Clarificaiton....I've done a lot of pro se in family court in several states....I've found that a Motion is a Motion...find one used by your court and use it as a template.

That is what I did and never had an issue with any of the courts.

TC

[CollegeDad]

One concern on modifying the original order.  Don't you have to do this prior to the appeal cutoff time which is 42 days from the original order to avoid paying for another court date?  I'm asking the general community here.  If this is true then, you had 42 days from the date that the judge signed the original order to make a correction to the order.  Otherwise, I believe you have to file a new court date to modify the order in any way. 

Before the judge signs an order you should be able to offer a draft of the order to the judge.  Now if the judge agrees with your wording then he can sign it and you'll be done with it.  Usually he'll compare your draft to the opposing attorney's draft and do a final order.  I believe sometimes you'll get a chance to see it before the judge signs it and sometimes not depending on who the judge is. 

I believe you only need to do a motion if the judge has already signed the order.  Then, I believe it is different depending on whether you are inside the time frame for which you can appeal the order.  I'm fairly certain that all of this is covered under the Alabama rules for civil procedure. 

[livealittle]

College Dad, I had to amend my original divorce decree. The amendment was signed 44 calendar days after the original.

one of the kids birthdates was off by one digit and we hadn't included the VIN of the vehicle I was awarded. I'm sure it was a keypunch error and the official title of the amendment was "motion to correct a clerical error". I don't know of any official rules and stuff, just what happened in my case.

[Me2]

I did a Motion for Clarification once pro se years ago, but not in AL.

I simply stated what the issue was, my interpretation, the other parent's interpretation, and then asked the court to issue a clarification that says "I'm right".

Well, it wasn't in those words, but you get the drift.

We  had a hearing -- and in the end, the other parent made some MAJOR mistakes, and ended up being found in serious contempt, and the clarification went as I thought it should.

As for an interpretation, Guess I missed why someone was asking about a May 08 order. 

AND I'm not sure I understand the real difference between your two options.

Whenever you go to court and something gets changed, all previous orders also remain in effect UNLESS the current proceedings changed something.  SO, if the May 2007 order gave holidays too, and the current order didn't take them away, holidays are still in effect.  The previous parenting plan should have also maybe covered insurance, school stuff, and other subjects related to the children, and the point is that if this round didn't change it, it's still in effect on top of the current changes.