[shonyevone]

What is the procedure to revise or amend a FCS reccomendation. Court adopted reccomendation as written and gave temporary custody to mother with a review in 6 months. At the time of the review the custody was then given back to the father with an order that the visition sechule in the reccomendation be reversed so it is applicable to the mother. That is how the order was written up with the same reccomendation attached but not revised. It is causing confusion and wish a new recommendation amenda or revised to reflect the new orders. How would I go about this. Can I line out and type above with the correct information and note on the front REVISED TO CONFORM IN ACCORDANCE TO COURT ORDER OF 12-08-09. If this is OK how do I get it filed so it is a legal doc. If it is not OK what procedure should I follow. Thank for all you help.

[cdad]

What is the date of the last court order received ? Im not quite sure what your saying here. Is it that they didn't follow instructions and sent a newer order out that doesn't comply ?

[shonyevone]

The FCS recommendation is dated July 9, 2009 and was made part of the custody order for the date of July 20, 2009 in which the mother was given custody on a temporary basis with a review on Dec. 8, 2009. At that review custody was given back to the father. It was the courts final decision with no review date. It had other orders which stated that the visition schedule on the FCS recommendation is to be reversed so it is applicable to the mother now that the child resides primarily with the father. The orders came written just that way attached to the (same) FCS Recommendation dated July 9, 2009 with no revision. It should be simple enough that way. But the mother is trying to use it as it was originally typed with out the new attached order. So it looks as if nothing has change. It is causing a great deal of confusion with the child support dept in another county. I just want the FCS recommendation to show on the front it is revised to conform with the new orders of Dec. 8, 2009. With the words reversed as the order says. Another words where the words Mother was typed it should now say father and vise versa. I would be satisfied if it were lined out and typed above as long as it conforms to the new order. But how do I get this accomplished so it is legal. Do I just type it and return it to the court and ask them to file as part of the order of which it should have been. Please help and thank you

[ScottGem]

I don't understand. What was the visitation while the mother had custody? Lets say it was that the father had alternate weekends and one month during the summer. The order reversing it would mean the mother now has alternate weekends and one month during the summer. I don't see how that can be clearer.

So I'm not sure any modification is necessary. But to answer your question, you can't change the order. You have to file a petition with the court to modify or clarify the order.

[shonyevone]

Yes I agree it could not be any clearer. But still for some reason a great deal of confusion is being generated because it was not changed in the FCS recommendation. Mainly because the mother is still using it without the order to try and convince others of a different out come on another issue. I am not wanting to change the order just the original adopted FCS recommendation report to corespond to the new orders so that who ever is reading it dosen't get confused. That is what is happening, even thougtht it's a no brainer.

[AK lawyer]

... But how do I get this accomplished so it is legal. Do I just type it and return it to the court and ask them to file as part of the order of which it should have been. Please help and thank you

Type it all out the way you think the court intends it to read. Lodge it together with a motion. I suggest that you call your motion "Motion to Clairify Order Dated ____", explaining in your motion that the current order is very confusing and needs to be cleared up.

[ScottGem]

Have you asked FCS to issue a new order? If not, I would petition the court to clarify the order rather than have FCS change it.