Q: Does the 2 year moratorium for parenting time apply to a modification to the original order?
We were divorced and had an original joint parenting agreement in March 2013. In July, 2016 a modification changing parenting time was submitted and approved by the court after mediation. In August of 2016, one month later, my ex-husband informed me he wants to again change parenting time. Can he do this, or is there now a new 2 year moratorium on the new agreement? No significant changes have taken place since the new order was put into place.
A: Unless there is specific language to the contrary in your Joint Parenting Agreement, your ex must prove that a substantial change of circumstance has occurred if he wants to change the parenting time. He cannot just seek a change whenever he wishes. Incidentally, the two year period you refer to has to do with custody (residential parent) changes only, not changes that merely involve allocation of visitation/parenting time.
Cheryl Powell agrees with this answer
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