I recently went to court and represented myself as the plantiff in a child custody order. My ex-wife had an attorney and she drew up the modified consent order after our hearing and submitted it to the court, and filed a copy with me. Problem is, I don’t agree with the consent order. The judge stated we were to switch weekends if it was on Mother’s Day or Father’s Day. That is not how the defense attorney worded the document and in effect if it is Mother’s Day weekend, I give up my entire weekend, yet she only has to give up Father’s Day from 8am to 6pm. How do I file something that disputes the wording of this document? Further, she completely left out portions of the judge’s ruling, those that did not help her own client of course.
First off, if the judge made a ruling the Order is not a Consent Order, as those are agreed to by the parties and signed.
You should have had the opportunity to review the Order before it was submitted. If the Order has not yet been approved by the Judge you simply need to write the judge and outline your proposed revisions to the Order, and send a copy of the letter to your wife’s attorney.
If the Order has been signed and entered by the judge you will need to file a motion pursuant to Rule 60 of the North Carolina Rules of Civil Procedure. The motion is one in which you make seek an amendment of the judgment based on mistakes in the drafting.