How do I interpret a visitation order that has inconsistent language?
Full Question:
Answer:
Interpretation of a court order is usually left to the court itself. A party can petition the court to decide whether or not there is an inconsistency in the terms of a court order. In the case of a visitation arrangement, many times the court would prefer if the parents were to reach their own agreement. However if that is not possible, it may be best to request an interpretation from the court that issued the order. Sometimes this request is made with the filing of a motion to amend or correct an order.
It is recommended that you consult with local legal counsel as to the proper vehicle to file.
The Wyoming courts have consistently held that interpretation of a divorce agreement, including vistation orders, involves standard contract interpretation principles to construe divorce property settlement agreements. Wunsch v. Pickering, 2008 WY 131, ¶ 16, 195 P.3d 1032, 1039 (Wyo. 2008); Lipps v. Loyd, 967 4 P.2d 558, 560-61 (Wyo. 1998). Our basic purpose is to discern the intention of the parties. We start with the determination of whether the contractual language is clear or ambiguous. That determination is a question of law and, accordingly, we do not defer to the district court‟s decision. Id. See also, Examination Mgmt. Servs. v. Kirschbaum, 927 P.2d 686, 689 (Wyo. 1996). “An ambiguous contract „is an agreement which is obscure in its meaning, because of indefiniteness of expression, or because a double meaning is present.‟” Brockway v. Brockway, 921 P.2d 1104, 1106 (Wyo. 1996), quoting Amoco Prod. Co. v. Stauffer Chem. Co., 612 P.2d 463, 465 (Wyo. 1980). However, a contract is not rendered ambiguous simply because the parties do not agree on the proper
interpretation of its terms. Brockway, 921 P.2d at 1107. If the writing is clear and unambiguous, we determine the parties‟ intention from the words of the contract as a
matter of law. The contract is considered as a whole, reading each part in light of all
other parts. Brockway, 921 P.2d at 1106.
