View Single Post
  #1 (permalink)  
Old 05-28-2017, 04:15 PM
trinton's Avatar
trinton trinton is offline
Senior Member
 
Join Date: Feb 2016
Posts: 1,537
trinton has a little shameless behaviour in the past
Default inability to agree on holiday schedule as material change

there is a final consent custody order in place silent on holiday schedule. it says any further time as the parties can agree in writing..

initially denied any holiday schedule.. reasonable offers refused..

now.. reasonable requests still denied and terms are dictated by other parent . I must agree or I get no holiday time

there is no interim holiday schedule in any court order.

I think for me this is one of my material changes and am wondering if it's best to stick to my position or agree whatever is offered outside of court (i.e. by email or through lawyers)

I ask as

1. it seems material change must exist at time of final hearing/trial and not when when application was filed or throughout duration of proceeding - correct me if I'm wrong.

2. if I come to an agreement as the case continues then the judge could say we've been able to agree on holiday schedule no need for court to decide (although I've only agreed as it is her offer or nothing. ) - this is referring to email or counsel interim agreements - I have not and do not plan on agreeing to any terms in interim court orders unless they are reasonable.

what do you all think ?

Last edited by trinton; 05-28-2017 at 04:28 PM.
Reply With Quote