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Old 04-03-2017, 02:28 PM
trinton trinton is offline
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Join Date: Feb 2016
Posts: 1,705
trinton has a little shameless behaviour in the past
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A final order on consent is no different than a final order from a judge when it comes to proving a material change. That order is deemed to be correct on it's face, even though it may be royally f*ked in it's ass.

You'll need to prove a material change in circumstance regarding custody to change custody.

You'll need to prove a material change in circumstance regarding access to change access.

A material change in circumstance regarding child support will need to be proven in order to change child support.

All 3 issues would require a trial, unless the other party does not oppose that there has not been a material change. No term can be imposed without the consent of the other party, unless a trial is held.

If there is any indication that you had no independent legal advice when you consented to the order, or if there was duress, then you don't need to prove a material change.

If you try to move to set it aside under duress or no independent legal advice now, then they may wonder why it took you so long to move to change it if you had no independent legal advice. But it will be relevant at the hearing. It's not uncommon for a judge to look at provisions of an order and change it up when it is clear that one of the parties was taken advantage of, and for as long as it is in the best interests of a child to do so. It won't be easy, but it is doable with a good lawyer who has a good reputation.

On a case by case basis, a final custody order _CAN_ be changed without a material change if you can prove the current order is not in the best interests of the child

Some questions to ask your self:

What are the current terms of your order, to what terms do you want to change them to, and what do you believe has changed since that time ? Why is the current order not working out for your family anymore ? Why did you agree to it in the first place ?

Last edited by trinton; 04-03-2017 at 02:44 PM.
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