Controlling Order

Where more than one order has been issued on a topic, the controlling order is the one that is currently in effect, i.e., it is the order that supersedes the others. Consider two examples: At temporary orders, the court orders a parent to pay $500/month in child support; later, the parties settle their case and agree that the parent should only pay $375/month. They submit their agreement, and the Court adopts it as an order. That new order for $375/month is now the controlling child support order–it is the order in effect. In our second example, both parents file for emergency custody in different states: one in Arizona, one in California. Both judges granted their request for an emergency custody order. Thereafter, the parties learn of the conflicting orders. They request that the judges get together to determine jurisdiction. The judges do so and determine that Arizona was the state with jurisdiction. At that point, Arizona’s order is the controlling order.