It's a 3 part test:
(1) a change in the condition, means, needs or circumstances of the child and/or the ability of the parents to meet the needs of the child;
(2) which materially affects the child; and
(3) which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order. (emphasis added).
(1) a change in the condition, means, needs or circumstances of the child and/or the ability of the parents to meet the needs of the child;
(2) which materially affects the child; and
(3) which was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order. (emphasis added).
BUT...what if it was simply an agreement not an order and that agreement has details in there about increased access upon agreement?
Number one is met because the needs and means have changed. Child was 18 mos and had different needs. Dad didn’t have the means to meet those unique needs. More than likely they agreed that parenting time will be modified as the child aged. Now that the child is in elementary school, the needs are changed. Child may not need all day daycare, dad could be available before and after school, op mentioned before there were behavioural issues. Many things have changed in this situation and mom is preventing any change in amount of time.
Comment