Court Recordings/Orders


#1

Hi Erin, not sure if you saw my prior question:

If the custody order has been typed up incorrectly what can I do to get it corrected to what the judge actually ordered. Opposing attorney put incorrect schedule in for when school started. The judge had ordered for my ex to pick up child from school on Friday and then we meet at halfway point at 6 p.m. on Sunday. However, his attorney put in the order for me to meet ex at 4:00 p.m. on Friday at halfway point and then ex bring child to school on Monday. We live 2 hours apart and son has to be at school at 7:15 - 7:45 a.m. (considered tardy after 7:45 a.m.) There is a lot of corruption in this county and I believe his attorney did this deliberately to get him more overnights which in the longrun he will be paying about the same in gas as he drives an SUV gas-guzzler. I tried to tell my attorney the custody order was wrong, but he would not help me as usual.

In addition, I called the clerk of court and asked what I should do. She said that I could come and get a copy on CD of the actual court recordings for the specific date order was given and then file a motion. What type of motion should I file? Would it be motion to modify child custody or some other type based on clerical error?


#2

You will need to file a motion for relief from judgement pursuant to rule 60 of the North Carolina rules of civil procedure.