Questions to the Attorney – #2 – Modifying Parenting Plans

Ms. Storey was asked

“Do we have to go back to court to modify the parenting plan or can my ex and I do that on our own?”

The answer:

               If parents are able, post-decree, to agree upon modification terms of their Parenting Plan, they should be applauded.   It is best practice for those modification terms to be filed with the Court, and the terms ratified by the Court and adopted as an Order.   This way, if there are ever any disputes as to controlling terms, or requests for changes, the terms are on file with the Court.   Further, some parties later disagree as to the modified terms reached, or that such terms were to be anything but temporary.  If there later is an issue of enforcement, it is time consuming and expensive to litigate whether there was an actual agreement to modify.  By filing the terms with the court at the time, that issue is nipped in the bud.

 

If you reach the agreement prior to filing a Motion for Modification, you can simply file the agreement with the Court.   You may have to pay the filing fee for a Motion at the time of filing the agreement.