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?
Child Custody Lawyer
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.
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4 lawyers agree
Divorce / Separation Lawyer
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.
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