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  • Writer's pictureDan Kienker


I was privileged to serve 26 great years in the United States Air Force prior to attending Law school. During those 26 years I was part of the tactical fighter community, and one phrase you would hear over and over from pilots, squadron commanders, Command Post Operations and wing commanders was, "just fly the frag!" What's a "frag"? A frag is a " fragmentation order" and is part of an Operations Plan that sets out specific instructions and missions for pilots to fly whenever a specific Ops Plan is in effect depending on the threat. Pilots get scrambled, get airborne and know exactly when, where, and at what altitude to rendezvous with a tanker to refuel, or what frequency to switch to, what their targets are, or where to establish their CAP, (Combat Air Patrol) point. There is no room for guesswork, "show-boating" by flying off on your own for other targets or missions. "Fly the Frag" Order and you will fly your assigned mission as planned, the overall mission will be accomplished, and you won't be standing at a brace before the Wing Commander for not doing so.

I have represented many clients who walk out of a temporary or final Hearing with a Court Order (read Fragmentation Order) that spells out in specific detail exactly how much child support Mr. Jones is to pay Ms. Jones, when it is to be paid, and how it is to be paid; personally, or through the Courts, or when there is a certain and specific date when one party to Settlement Property Agreement is to have the former marital home refinanced in his name, or perhaps specific instructions concerning how visitation of minor children will be conducted,

However as is often the case hardly little time passes after the Hearing when I am contacted by my client or the attorney for the other party that " little Timmy's dad made his weekly video call to Timmy on Wednesday at 7:00 pm instead of Tuesday at 8:00 pm. Sure, a minor breach of the Agreement but minor breaches can become major breaches, and soon I'm getting calls from the other attorney, sometimes threatening the filing of a Motion for Contempt of Court. Or maybe a client is not paying his or her half of the mortgage when due. I contact my client telling her we are about to be standing tall in front of a Family Court Judge (read Wing Commander) who is about to throw us both in jail. "Hey client, just do what the Court Order says-Fly the Frag. The temporary order is in place, the parties are complying with the Court Order and everybody is happy, right?

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