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Is the Signature of the Custodial Parent’s Attorney as to Form
Sufficient To Satisfy the Signature Requirement of Sec.
152(e)(2)?
The Permanent Orders were issued by the State court judge
following a contested divorce hearing held over several days.
The Permanent Orders were signed by petitioners’ counsel as to
form only. Although neither petitioner discussed whether the
signature of the custodial parent’s counsel approving the form of
the Permanent Orders only is sufficient to satisfy the signature
requirement of section 152(e)(2), we address the issue sua
sponte.
Ms. Miller’s attorney signed the Permanent Orders subject to
a qualification which indicated that he was approving only the
form of the Permanent Orders. The signature of counsel approving
the form of a document ordinarily does not signify general
consent to, and approval of, the substance of the document. See
generally Albright v. District Court, 375 P.2d 685 (Colo. 1962)
(Local rule required counsel to sign a pretrial order signifying
his approval as to form and content. Counsel signed the pretrial
order, approving it as to form only, in order to preserve all
objections and exceptions made to the rulings of the court. The
court held that approval of the content of the order pursuant to
the local rules is an approval only of the recital of what
transpired at the pretrial conference. Under the facts of the
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