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Amendment to CO ?

Krisx2Krisx2 member
in Blended Families

I've looked all over the MT law website and cannot find an answer...so maybe one of you knows.

We filed for an amendment to the CO last June. DH and BM went to mediation in February, no resolution. The last statements from attorneys occurred March 13 when BM made a "final attempt at resolution" which was unacceptable to DH and denied. They have only had 1 mediation. BM told SD that if DH doesn't agree to her terms by June that DH won't receive any summer parenting time.

So my question is, when in the middle of a CO amendment process after only one attempt at mediation and no court hearing, the previously enstated CO still has to be enforced right? The CO was signed by both in 2007 and this is the first action either has taken to change it. Filing to amend doesn't suspend the current CO? Is BM crazy or am I missing something?

It just seems completely ridiculous that the current CO would be ineffective while the parents were going through a court process that could take MONTHS. But I can't find any annotated code that specifically says that...Help! 

Mio Marito per Sempre: Married 2009. SD is 12 yrs. DD is 4 yrs.

DS born 12/29/14

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Re: Amendment to CO ?

  • IlumineIlumine member

    A Court Order is a legally binding document.  One cannot negate it unless the Court agrees to it.

    So yes, she cannot withhold summer visitation if the original CO gives you time. 

    I would have your lawyer draft up a letter stating something along the lines of "Given we are still in negotiations, we will fall back on the original visitation times stated in the Court Order decreed by Judge XXX from district YYY.  Therefore Mr. Kris will arrive to pick up the child(ren) on June PP, 2013 at (insert CO time if applicable)....If the child(ren) is not available at that time, we will be contacting the cout and mediators immediately." 

    Send it NOW.  Then if there is ANY backlash, you can contact the local police department to discuss how to handle it.  Let her KNOW that that is what you are going to do. 

    The reality is, if you are in mediation and SHE doesnt follow the current CO, SHE looks bad during the mediation and it will weigh in your favor.  She is trying to scare you.  But as long as you dont back down, it should work out.

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  • NineoceansNineoceans member
    You go with the last thing that was signed. So if you agreed to some terms during mediation and signed that before the judge you go with that plus the last court order for the things you can't agree to
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  • Holly_1007Holly_1007 member
    BM tried to pull this on us as well, we are awaiting our court date after a failed mediation.  the last modification/ CO that was signed is still in effect until something knew is approved and signed. she cannot keep your DH from his summer visitation as long as it is in the prior CO or was signed/ agreed upon in mediation. 
                           
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