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Correcting an error made on an updated 35.1?

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  • Correcting an error made on an updated 35.1?

    Hello all,

    I made an error in my parenting plan that I added to my 35.1.

    The error made was in the calendar showing what access the mother and I would have. I accidentally added 1 extra day where it should be the Mothers access day.

    I completely missed it and it was an honest mistake.

    How do I fix it?


    Sent from my iPhone using Tapatalk

  • #2
    How do I fix it?
    Submit a new Form 35.1 with the mistake corrected.

    Comment


    • #3
      Ok . The concern I have is when I submitted the updated one, the clerk said she has never seen anyone do this and questioned it and left it for the judge to agree with it or not. Is that normal?


      Sent from my iPhone using Tapatalk

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      • #4
        The concern I have is when I submitted the updated one, the clerk said she has never seen anyone do this and questioned it and left it for the judge to agree with it or not. Is that normal?
        Form 35.1 was a good idea by the legislation that has failed in practice. Many people don't bother to update it or put meaningful information into the form.

        You could also amend it by way of regular affidavit. "At paragraph/appendix A I said XXX but should have said YYY, I therefore make this affidavit to correct a mistake in my earlier affidavit."

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        • #5
          Can I put that in an affidavit where I am adding evidence?


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          • #6
            Do it now. No benefit in waiting.

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            • #7
              Can I put that in an affidavit where I am adding evidence?
              Technically yes, but it doesn't look good. Correct your error, then deal with your motion materials separately.

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              • #8
                So are you saying to have two separate 14a ? One specifically for the error and the other one for evidence?


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                • #9
                  So are you saying to have two separate 14a ? One specifically for the error and the other one for evidence?
                  That was the suggestion, yes.

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                  • #10
                    Done and done. Served and filed.

                    Thanks OrleansLawyer and Serene.


                    Sent from my iPhone using Tapatalk

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                    • #11
                      Originally posted by OrleansLawyer View Post
                      Form 35.1 was a good idea by the legislation that has failed in practice. Many people don't bother to update it or put meaningful information into the form.

                      You could also amend it by way of regular affidavit. "At paragraph/appendix A I said XXX but should have said YYY, I therefore make this affidavit to correct a mistake in my earlier affidavit."
                      Sorry to revive an old thread but are there no consequences for not updating the form 35.1? Even if the issue goes to trial? I'm not talking about little things but rather something very substantial. Do the courts even pay attention to it? I know the form does state that any changes must be filed immediately. I'd just like to clarify that with someone who may have experience.

                      Thanks!

                      Comment

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