Q: Can a father change the agreed visitation location without consent?
I'm dealing with a situation where the father, who has 50/50 shared custody, is trying to change the location of the supervised visitation, which was previously agreed upon in the divorce decree and approved by the judge. The visits were supposed to take place at a local counseling center, but now the father wants to move them to a more expensive location that is farther away, increasing costs and commute time for me. I never agreed to this change. Is he legally allowed to alter the visitation location without mutual consent or a court modification?
A: It is hard to answer this question as accurately as possible without viewing the actual court order, either the final order which addresses visitation or the parenting plan. But without having viewed any documents, I would say no, neither party can change the location ordered by the court for the parties to exchange minor children. Normally only a new order can replace terms of an existing order. Both parties are to abide by the current order until a new order is signed. Therefore, no, you do not have to agree to the new location and the father cannot unilaterally change the location because he cannot modify the current order without going back to court. If he wants to formally change any part of the current order he must file for a modification of visitation and have you served. Then the court will entertain changes he proposes and make a decision.
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