Motion to dismiss

[soon to be stepmom]

I have a quick question and was hoping someone has been through this.  The father has had primary placement for about 4 years now, with the mom having liberal parenting time of two children though she only has them 8 nights per month.  Mom is bringing dad to court about once a year in order to have the child support she pays dropped (which hasn't worked for her yet).  He has heard rumours that she is planning to bring him back yet again and he would like to file a motion to dismiss when he receives her motion to change placement.  Has anyone ever tried this and if so, did it work?  There has been no substantial change of circumstance.  Thanks for your help

[Brent]

Here's the key part of your message:

>There has been no
>substantial change of circumstance.  

If there's no SCC, she's probably just wasting her time. They won't change custody just because she wants them too, especially after 4 years. This page may give you more information:

Defining ''Substantial Change In Circumstances''
http://www.deltabravo.net/custody/circumstances.htm

[joni]

...when you reply to your motion, ask the judge to award you attorney's fees based on her history of frivalous motions.  In your reply, list all the bogus times she's taken you to court.  In the outside chance the judge awards you reimbursement of your attorney fees, that'll make her think twice about harrassing you.  It worked for us.