Wednesday, July 16, 2014

Does an order signed by a judge that was opposed on the record have to be served? Or can it be emailed?

Q:  We went to family court in May. The opposing party represented by a lawyer (we don't have one) wanted a forensic psych eval done on our family. There is an appointment for friday this week but we have not been sent anything in the mail and the attorney for the opposite party is stating they emailed one and we don't have to be served anything by mail. We objected to the forensic eval on the record since we already had a psychologist come in on the stand and the judge didn't listen to a word she said. The judge didnt even agree to order the psych eval he simply granted the opposite party to the right to one. Is it legal for the judge to order something and us not be served or even get a paper copy? Thanks!

A:  David's Answer:  You are certainly entitled to be served with the actual order. If they served you via e-mail, that's technically not good service, but if the actual order was attached, then you would appear to be only delaying the inevitable by rejecting service on those grounds. Schedule a consult with a Family Law attorney in your area for more info.  -- David Bliven, Westchester Family Law attorney (

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