Clerical errors


#1

I just found out more information that states that clerical error in a legal document is called a scivener’s error…where the parties to a contract make an oral agreement that, when reduced to a writing, is mis-transcribed, the aggrieved party is entitled to reformation so that the writing corresponds to the oral agreement.

It is on the court recording clearly that the judge asks all parties if we agreed on Sunday at 6 p.m. being the time of exchanges of child even when child starts preschool and Kindergarten. You can hear the attorneys asking both clients, me and my ex, and it was agreed that Sunday at 6 p.m. would be the day of exchange. Also it is on the tape about the other portions that were incorrect…you can hear the attorneys asking clients if we agreed on these portions as well.

Could I use this as an argument?


#2

Again, I would suggest you outline all the facts and circumstances supporting your position regarding the order.