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Old 04-04-2017, 12:34 PM
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Tayken Tayken is offline
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Originally Posted by bluewater View Post
I was just speaking to my lawyer and she seemed to think that a Final Order on consent does NOT require proof of material change of circumstances to be opened up.
You may want to seriously consider getting a different lawyer if that was the lawyer's professional opinion.

An order, made on consent, is harder to disrupt than one that was ordered at trial. Judges hold consent orders in higher regard because it is what the parents AGREED TO. Which is the ultimate objective of the system. To have parents settle on matters.

The burden of proof to demonstrate a material change in circumstance falls on the applying party who is relying upon this material change.

Judges also go bat-shit-nuts when a party comes back only months after signing a FINAL order on CONSENT. You have to be forward thinking in family law and the other parent was not being that.

My advice to you:

1. Do not respond to any further communication from the other parent regarding a school change.

2. Do not respond to any letters the other parent's lawyer may send regarding a school change.

3. Only respond when an Application is made before the court to change the school.

Why? Because everything else is a waste of your time, money and energy. Parents often blow hot steam for years after matters settle. The only thing you need to respond to is an Application to the court.

Good Luck!
Tayken
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