Skip to main content

The parenting plan document the judge signed doesn't match what was agreed on in court.

Medford, OR |

We went to court little over a month ago with my ex wife, regarding parenting time. During the court hearing, we agreed on most things including summer break. When we received the signed document a few weeks later, it didn't include the agreed upon schedule for summer. Now she won't agree to a mutual modification stating what we agreed on. How do we get the court order to show what was agreed upon in court?

Attorney Answers 2

Posted

I'm not clear on what happened. Were either of you represented? Who drafted the judgment? Did you place a settlement on the record? Did you sign the judgment? Was any portion ordered by the court and not a settlement?

If you are speaking about an accidentally omitted provision, you would need to ask the court to sign a corrected judgment under the authority in ORCP 71. If your ex misrepresented the settlement you could also ask to set aside the judgment under ORCP 71. Either way you should get assistance from an attorney.

My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-client relationship is not created until a Fee Agreement has been signed. In addition, my suggestions are based on very limited information provided by the Asker and are given based on my experiences and general circumstances. My suggestions may not ultimately be applicable to the Asker's situation because of the limited amount of information provided. No suggestion is guaranteed to be sucessful. Case specifics should not be shared online. You should seek specific legal advice in a private setting. Shannon L. Hall, Attorney at Law (Licensed in Oregon) 245 East 4th Avenue, Eugene, OR 97401 Phone: 541-434-2411, Email: Shannon@GoodOregonLawyers.com

Mark as helpful

4 lawyers agree

5 comments

Asker

Posted

There was no settlement. We had been fighting for many years over this so we went to court. The judgement was drafted by the judge and ordered by the court but it went against what as discussed and agreed on in court. In court it was agreed every other week in the summer but in the judgement the judge put every other weekend.

Shannon L. Hall

Shannon L. Hall

Posted

Ok. From what you have said it sounds like a typographical error which could be corrected by the court under ORCP 71A on the court's own motion. You can try to contact the judges assistant and tell him or her what you believed happened. They may fix it. If not you should order the audio of the hearing and file your own motion to correct. You should have an attorney help you.

Shannon L. Hall

Shannon L. Hall

Posted

Ok. From what you have said it sounds like a typographical error which could be corrected by the court under ORCP 71A on the court's own motion. You can try to contact the judges assistant and tell him or her what you believed happened. They may fix it. If not you should order the audio of the hearing and file your own motion to correct. You should have an attorney help you.

Shannon L. Hall

Shannon L. Hall

Posted

Ok. From what you have said it sounds like a typographical error which could be corrected by the court under ORCP 71A on the court's own motion. You can try to contact the judges assistant and tell him or her what you believed happened. They may fix it. If not you should order the audio of the hearing and file your own motion to correct. You should have an attorney help you.

Shannon L. Hall

Shannon L. Hall

Posted

You should actually contact the court by letter so you don't have what's called "ex parte" communication with the court. Send a copy to your ex also.

Posted

The answer to this question is largely based upon the facts of your case, which are not entirely clear from your question. If the judge made an oral ruling at trial, the judgment arising from the hearing should have reflected the terms of the judge's ruling.

By the same token, sometimes people will make a "settlement on the record" whereby they agree to terms in open court. The court proceeding is generally recorded, and the judge will ask the parties if they agree to the terms of the settlement. Such a settlement can include things like parenting time agreements. Again, any subsequent judgment should reflect that agreement.

As counsel has already pointed out in this post, I am unclear who drafted the "signed document" you refer to. If it was drafted inaccurately, the audio recorded record of the agreement should be brought to the court's attention so that the judgment can be corrected. As also pointed out, ORCP 71 provides a mechanism to do this. Depending on the facts of your case, other options may also be available. Regardless, this is a situation that you almost certainly will want to get the assistance of an attorney to review the facts to find the most streamlined solution to getting the matter (hopefully) fixed. Best of luck.

DISCLAIMER: The sending of an e-mail or answering of a question does not create an attorney client relationship. Adam Brittle will do no work and will not monitor your matter for developments until we have met with all potential clients in person and signed a written fee agreement.

Mark as helpful

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics