View Single Post
  #7 (permalink)  
Old 05-29-2017, 12:33 PM
stripes stripes is offline
Senior Member
Join Date: Feb 2013
Posts: 2,836
stripes is on a distinguished road

Really? I thought a material change was something which could not have reasonably been foreseen at the time the order was made (had it been foreseen, a different order would have been made). Given the long-term bickering between Mom and Dad in this instance, I think it would have been quite predictable that they wouldn't be able to agree on things. This is not something which unexpectedly came up that no one could have predicted, like Dad getting hit by a bus or Mom's house burning down. Has Mom suddenly become unreasonable since the order was written?

(See Changing Custody Orders | Ylaw Group for details)

I would be hesitant to argue that this is a material change. If not agreeing on a holiday schedule constitutes a material change, then every time divorced parents disagree, does it become a material change (because Dad wants to put the kids in hockey, because Mom wants to visit her new boyfriend over Christmas, because parents can't agree on S7 expenses, etc), and the idea of a significant material change becomes meaningless.
Reply With Quote