Wednesday, August 03, 2005

Her lawyer pesters the judge

I just got this letter from my wife's lawyer.
July 25, 2005

Hon. Irwin Joseph
Commissioner of the Superior Court
Santa Cruz Superior court
701 Ocean Street
Santa Cruz, CA 95060

Re: Marriage of George the AngryDad, FL 018xxx
FOAH Hearing: 03-25-05

Dear Commissioner Joseph:

Following the hearing in the above matter on March 25, 2005, I prepared the Findings and Order After Hearing, based upon the court's Minute Order and upon the reporter's complete transcript of the hearing. I forwarded the proposed order to the Respondent for his approval, indicating that in the absence of approval the proposed order would be submitted to the court for signature pursuant to CRC 391. A copy of my transmittal letter is enclosed for your reference.

On April 20, 2005, 1 received by e-mail (only) a copy of Respondent's correspondence to Judge Kelly, indicating that he believed my proposed order was in error, and instead offering in letter form his own proposed order. A copy of that e-mail transmission is also enclosed for your reference. I do not believe that Respondent's proposed order accurately reflects Judge Kelly's orders as set forth in the reporter's transcript. At no time did Mr. AngryDad submit to me for signed approval any formal FOAH. I therefore submitted my proposed FOAH to the court for signature, per my letter to Judge Kelly dated April 20, 2005 (copy enclosed).

I have just received the original FOAH and its attachments back from the clerk's office, with a note indicating the proposed order was being returned because it was not "approved by Respondent as conforming to court order".

I am therefore requesting your assistance in this matter. Enclosed again is my original proposed FOAH, submitted for your signature and filing. I have attached a copy of the court's Minute Order for your convenience. The reporter's transcript of the March 25, 2005 hearing is also available to you from the reporter, [name omitted]. If you would be so kind, either sign the FOAH submitted herewith, or alternatively, provide the parties with your own written order.

If I can answer any questions concerning this matter, please feel free to contact me and Mr. AngryDad. Thank you in advance for your assistance.

Very truly yours,
JJG/b Jennifer J. Gray
I guess that I'll have to answer this. I don't know why I am just now getting a letter dated July 25. That was a week and a half ago.

1 comment:

Masculiste said...

I'm confused AD...if the Judge rendered an order, you should have received a written order from the judge's desk, prepared by the judge's clerk, within several days of the hearing. Once you have that...what's to propose? You simply follow the order.

This is where the issue of collusion becomes something you need to pay attention to.

Once a judge renders an's not a question of interpretting transcripts from the trial. If a judge renders an order, it must come in the form of a written order with the judge's signature attached. If for some reason, your ex doesn't understand the order, they must file a petition for clarification of that order, not try to induce you to agree to some obscure proposal. The order has been made. It's their job to FOLLOW the order...they do not have a right to re-interpret the order.

Whatever you do...remember that if you have to respond to the letter.