Motion to Change questions

[HappyMomma]

Hi. I'm filing a motion to change and have a couple of questions:
1. Do I have to state what the change is in my affidavit?
2. Can my ex bring up issues other than the one in the motion?

[OrleansLawyer]

1. Do I have to state what the change is in my affidavit?

No, in your motion to change form.

2. Can my ex bring up issues other than the one in the motion?

Depends on the issue. She is not barred from any issue she could not otherwise raise.

[HappyMomma]

No, in your motion to change form.

So, in this case, the change is that he hasn't followed the court order - do I just state that?

[BitHunter]

Maybe that that shouldn't be a "motion to change", that should be a "contempt motion".

[OrleansLawyer]

the change is that he hasn't followed the court order - do I just state that?

You don't want to change the order, you want to enforce it.

[HappyMomma]

You don't want to change the order, you want to enforce it.

Oi, crap. I've actually asked to change it to dispense of his permission so I can move forward. Was that a bad move?

[HappyMomma]

Maybe that that shouldn't be a "motion to change", that should be a "contempt motion".

Oh, he's clearly in contempt, but from everything I've read, contempt should be a last resort - I wanted to try a motion first.

[OrleansLawyer]

I've actually asked to change it to dispense of his permission so I can move forward. Was that a bad move?

Not necessarily. If that is a change you want, then a motion to change is a road to go down.