Q: Can anything be done to address another party seeking to file a modification before the time agreed that was stipulated?
Other party agreed that supervised visits will remain in effect for one year, after which either party may file a Complaint for Modification. and party is attempting to modify a year after the actual court date not after a one year period of supervised visits. A pretrial is coming up in regards to medical is there a way that this can be addressed at that time to possibly save going in for an additional date as I am still wanting no modification until the full year of supervised visits was finished and that is why it was addressed in the first place. Can I put in some sort of motion to bar me having to attend any court dates that result from the party filing before it was agreed upon?
A:
You seem to ask 2 questions.
First, concerning modification, either party may seek a modification of an existing order if they can show a material change in facts since the first order.
As to the Pre- Trial, you say, among other things,: A pretrial is coming up in regards to medical is there a way that this can be addressed at that time to possibly save going in for an additional date
I do not understand what your issue is.
Generally, a Pre Trial Order covers issues relating to the over all Divorce and not motions. Some judges do allow motions; check with the court to see if the judge will hear a motion at the Pre-Trial.
A: It is possible that there has been a sufficiently material change in circumstances warranting same and it is also possible that the language of your stipulation is ambiguous enough to be read that it is not one full year of supervision- Your question can only really be answered by a reading of the document and knowing about the facts involved then and now. If there has been no material change in circumstances the Court will or should be made aware of this and the Judge can dismiss the Modification and order counsel fees for your defense of the case be paid to you.
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