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Law Offices Of David Bliven
Law Offices Of David Bliven
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When The Top And The Transcript Disagree On How Much Contact Is Allowed, Which Takes Precedence?

  • By: David Bliven, Esq.
  • Published: February 19, 2016

Q: My daughter has a temporary order of protection from family court against my ex-spouse. The TOP says only our daughter can initiate contact. But the transcript seems to say my ex-spouse can initiate communication but not contact – meaning physical contact I suppose. My ex-spouse and his attorney did not bother to amend the TOP in any way. What takes precedence – the TOP that the judge signed off on or the transcript which seems unclear and often seem to be doctored? FYI, the law guardian specifically asked that all contact be initiated by the child, which is what she wants – no contact unless she initiates it. My ex has since sent our daughter numerous texts and emails containing many disparaging remarks and inappropriate statements.

A: David’s Answer: The order clearly takes priority over a transcript. Thus, if you believe your ex is violating the order, you (or your lawyer) may wish to send 1 written warning to this effect – otherwise file a violation petition. Call a Westchester Family Law attorney.

David Bliven, Esq.

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