Ex and I went to court and had contempt motions against each other. Before Judge ruled I agreed to withdraw my motion if Ex withdrew hers WITH PREJUDICE. Judge accepted this from each side and ordered paperwork drawn for him to sign.
Ex’s counsel drafted but added extra language and did not include “with prejudice”. It was sent to my atty on a friday and in hast ( apparently) without consulting me, my atty said it was OK.
I receive a copy of opposing counsel’s draft on Monday and immediately notify my atty that I do not approve.
My atty waits another day and then fax’s Judge to say that she had not spoken to me when she said OK, that I have concerns and if he hasn;t signed it yet she would like to speak with him.
He e mails back that it was just signed and entered BUT if she wants to file to amend or set aside, he will listen to it, that my atty needs to let his assistant know.
MY attorney is balking and trying to say it will cost me more in fee’s than i will get back ( it involves child support arrears due me), and that I need add retainer to keep going.
Question is, if my atty will not file a motion to amend ( I have no more funds to pay for this, and in my opinion this situation is entirely my atty’s fault for not consulting me first, I never gave blanket authority to do so). Can I contact the Judge, do I file pro se ? What suggestions do you have ?