I recently went back to court on a modification of child custody order that my ex brought against me. During the course of the court hearing, the judge stated that since I had 2 consecutive 14 day periods int he Summer, that my ex was entitled to same. But, he said in court that my ex would only receive one 14 day period. When I received the order that was drawn up by my ex’s attorney, and subsequently signed by the judge that heard the case that day, it stated that my ex was to get 2 14 day periods. This is not what the judge said in court, he stated my ex was to only get one. Also, I am ordered in the previous agreement to notify my ex by May 1 of the dates I wish to exercise my 14-day periods in the Summer, but it makes no clarification in this new order that my ex is to do the same. It only states that my ex is to get 2 14 day periods. Can I contest the order that was drawn up by my ex’s attorney on the grounds that it does not match what was said in court? How do I go about doing so?
Disagreement with way an "order" is worded
I have been to court alot on custody/child support issues…and I can tell you this nearly every time the judge makes a judgement/verdict in court and I and my attorney understand it one way, my ex will come back with his attorney and have a different interpretation.
When we have had these issues, there has always been a lag of time between court and the order being signed…my attorney will review the order with me and send it to the other party for review. That is the time to voice any discrepancies, so they can be addressed with the judge before she signs. If the judge has already signed and you didn’t have any discrepancies I don’t know if you have any recourse other than appealling.
Then of course you must decide is it worth the time and money to do so.
If there is truly a difference between what the judge signed and what the judge originally ruled, you can file a Rule 60 Motion to amend the order to properly reflect what the judge originally ruled and therefore correct the Order.