SPARC Forums

Main Forums => Dear Socrateaser => Topic started by: mango on Jun 17, 2004, 01:10:09 PM

Title: Motion to clarify order
Post by: mango on Jun 17, 2004, 01:10:09 PM
We have a lot of gray areas in the parenting plan we currently have.  Much of it causes conflict because BM jumps all over those gray areas. But we have been putting up with it, to avoid extra conflict.

1.) If there are lots of problems with a parenting plan, can one party file a motion to clarify parts of the order?

2.) Will that give the other parent free reign to change the whole order.

3.) Is there a way other then filing a motion, to change (or amend) one section of the order but not have the entire thing re-hassed?

4.) Should we leave well enough alone?
Title: RE: Motion to clarify order
Post by: socrateaser on Jun 17, 2004, 02:00:41 PM
>1.) If there are lots of problems with a parenting plan, can
>one party file a motion to clarify parts of the order?

Yep. Motion to Clarify Parenting Plan.

>2.) Will that give the other parent free reign to change the
>whole order.

You will probably be sent to mediation first, and if you can't reach a settlement, then the court will rule on the outstanding issues. As far as "free reign" goes, if either parent requests changes to the order that would substantially alter the amount of time apportioned to each parent, the court will require a showing of a substantial change in circumstances, affecting the child(ren)'s best interests, and if no one can make such a showing, then any substantial change will be denied.

>
>3.) Is there a way other then filing a motion, to change (or
>amend) one section of the order but not have the entire thing
>re-hassed?

Nope.

>4.) Should we leave well enough alone?

Apparently, your order is not "well enough," or you wouldn't be looking for clarity. In any case, I have no idea what you should do, because you didn't give me any case-specific facts.

Can't read your mind -- just your typing.