Thursday, February 9, 2017


Random Fuzzy

"01/31/2017 Stipulation & Order" was entered in the Case Summary. 

It is notable that the Stipulation & Order was filed by itself.  Stipulations were also filed in support of Brad's RFO to seal and Angelina's RFO to appoint minors' counsel but in both instances, the stipulations were just one of several documents filed in support of the RFOs.


All instances when a Stipulation & Order was filed by itself:
01/31/2017 Stipulation & Order
01/09/2017 Stipulation & Order - to be taken off the court's 1/17 calendar
01/09/2017 Stipulation & Order (Honorable John W. Ouderkirk (Ret) )
12/02/2016 Stipulation & Order
Filed by Petitioner -  Custody Stipulation for enforcement


The two S&Os filed 1/9 (before the case was was transferred) were filed jointly, as was this latest one apparently.  What is also apparent is that Stipulations & Orders that are not accompanied by RFOs are simple and straightforward and don't require further supporting arguments.


Proceedings Held (Proceeding dates listed in descending order)
01/17/2017 at 08:30 AM in Department CE27, Burdge, Richard, Presiding
Motion ((R)) - Off calendar-Per stipulation
01/09/2017 at 03:00 PM in Department CE1, Brazile, Kevin C., Presiding
Non-Appearance (Case Review) - Order-Made per stip filed


A stipulation is an agreement between the parties.  A Stipulation & Order fling is a request for an Order from the court.   If they wanted to file an S&O to terminate the ATRO on out-of-state travel by the children, they would have done so last year before their trip to Crested Butte.  And if they already obtained a stipulated order last December,  that would take care of all future out-of-state trips.  Angelina's lawyers lodged document(s) with the court on 12/22.  If they did not get a court order and relied on prior written consent, then a consent will suffice now as well.  They already knew the Cambodia premiere date in early January.  This S&O is not for out-of-state travel.   

The stipulation & order just filed is not a request for a court order to compel compliance as was the case when the Custody Stipulation was filed earlier because a private judge cannot enforce agreements.

The court-appointed custody evaluator filed his declaration on 1/25 .  His report will contain his recommendations based on an independent assessment of the family dynamics, the children's needs and wishes and the parents' mental health and parenting practices.  I assume that at that point, Judge Ouderirk had everything he needs.  I believe the views of the children's therapists will carry the most weight with the judge because they have been intimately involved from the start and know the children, their feelings and the state of their recovery.  But the judge would want to see general agreement in the assessments by the independent experts and the family's experts.

Because the Custody Stipulation was made into an order in the case, it must be set aside by court order before they can file to request that the case be dismissed.  They need to file a Stipulation & Order along with the Request for Dismissal because Brad filed a response.  Once the stipulated order to dismiss is granted, they will have fully effectuated the family's reunification 3 months after Wasser's Dec. email.


******

Based on the sequence of past Case updates, I expect that the next update will be just before First They Killed My Father's premiere on Feb. 18 in Siem Reap.  It could be a Notice or Order.  There is  a 9-day (and probably growing) lag in updating the Case Summary which gives them considerable leeway in strategically timing the release of info.  We will likely learn of developments via another joint statement before it shows up in the Case Summary as it was with their first joint statement. 

Their wedding in Miraval was announced on the Thursday after the weekend ceremony presided by Judge Ouderkirk, when they were already in Malta.

After a flurry of sightings in January, there have been none so far this month.  The last photos were of Angelina and the twins shopping in Malibu on 1/28, which was the weekend before they filed the S&O on 1/31.  The only word since their joint statement was the ET report on 2/1 from "a source close to Brad Pitt" that "Brad did not go to rehab," and "[Brad's team] is strictly following the privacy agreement between the two of them, [Brad's team] has never spoken about the kids and won't be starting now."

Everything is locked down tight and everyone is toeing the line -- which is how they normally handle things and is a sign that Angelina is running the whole show.  The two teams have merged back into one under her firm control.

While the premiere date was revealed in an article in The Guardian last Jan. 11, it was only officially announced via the film's facebook page a few days ago.


******

Source
Q. How long does it take to get dismissal of divorce?
A. If the other party has not been served or has not filed a response, it can be dismissed almost instantly by filing a Request for Dismissal with the clerk. If the other side has filed a response, it will take a stipulation, along with the Dismissal form. In either case it can be done either right away or within a few days.

Source
STANDARD FAMILY LAW RESTRAINING ORDERS
Starting immediately, you and your spouse or domestic partner are restrained from: removing the minor children of the parties from the state or applying for a new or replacement passport for those minor children without the prior written consent of the other party or an order of the court;


-- Fussy

1 comment:

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