Changes after FOAH requested in MSA

[BI71]

What is the name of your state (only U.S. law)? California

Last May, custody and visitation were settled in court, and the resulting FOAH was endorsed by the judge and filed. We have been following the set schedule to the letter since it was implemented. There have been no arguments over the schedule, although the judge awarded him very little time with the children, though he was asking for what amounted to nearly half the time.

Just before I had to self-represent (one week ago), my attorney sent an MSA to the attorney of the other party. That attorney responded with proposed changes, all involving visitation - asking that more time be given his client.

I understand there is a time frame allowed for disputing the FOAH, and that time was up nearly a year ago.

My question is this: Is requesting a modification in visitation at this stage of the divorce a legitimate option available for him? If I were to refuse the proposed changes, is there an avenue for him to possibly get the extra time he is requesting? I don't know if they're just throwing it out there and hoping I will agree even though I don't have to, or if this is something that could really result in more time being awarded him even if I refuse his proposal.

 

[tranquility]

Did the FOAH have a limitations clause? Something like, "There can be no modification to the custody order for two years."

Absent that, while the FOAH probably cannot be challenged now, that does not mean it can't be modified--especially with your agreement. Are their any changed circumstances?

 

[Zigner]

Is there a reason dad can't have more time with his kids?

 

[LdiJ]

What is the name of your state (only U.S. law)? California

Last May, custody and visitation were settled in court, and the resulting FOAH was endorsed by the judge and filed. We have been following the set schedule to the letter since it was implemented. There have been no arguments over the schedule, although the judge awarded him very little time with the children, though he was asking for what amounted to nearly half the time.

Just before I had to self-represent (one week ago), my attorney sent an MSA to the attorney of the other party. That attorney responded with proposed changes, all involving visitation - asking that more time be given his client.

I understand there is a time frame allowed for disputing the FOAH, and that time was up nearly a year ago.

My question is this: Is requesting a modification in visitation at this stage of the divorce a legitimate option available for him? If I were to refuse the proposed changes, is there an avenue for him to possibly get the extra time he is requesting? I don't know if they're just throwing it out there and hoping I will agree even though I don't have to, or if this is something that could really result in more time being awarded him even if I refuse his proposal.

Absent any limitations dad is free to file for a modification at any time, and he is certainly free to ask you to agree to a modification. Was there any particular reason why the judge gave dad so much less time than he was requesting?

 

[BI71]

Absent any limitations dad is free to file for a modification at any time, and he is certainly free to ask you to agree to a modification. Was there any particular reason why the judge gave dad so much less time than he was requesting?

Yes, there was a reason.

 

[BI71]

Is there a reason dad can't have more time with his kids?

Yes, though that is not relevant for the question I am posing.

 

[Silverplum]

Yes, though that is not relevant for the question I am posing.

You seem quite sure. We aren't sure.

 

[BI71]

Did the FOAH have a limitations clause? Something like, "There can be no modification to the custody order for two years."

Absent that, while the FOAH probably cannot be challenged now, that does not mean it can't be modified--especially with your agreement. Are their any changed circumstances?

There weren't any limitations with regards to modifications in the FOAH. And I realize he could request modifications in visitation, I just wasn't sure if it needed to take place after the divorce is final. It seems a strange time to be challenging the judge's order.

There aren't any significant changes in circumstances, which I understand is what needs to have occurred in order for a judge to consider modifications. The only thing that has changed is father has moved across town, which is not a significant circumstance, nor is he claiming it to be.

So, if I'm understanding correctly, it is accepted practice to challenge the judge's ruling on visitation at this point in the process...?

 

[BI71]

You seem quite sure. We aren't sure.

It wasn't my intention to be mysterious. The general answer for why it is that he got very little time with the children is that he is monster. In addition to the things that don't matter in a court of law, he was abusive towards the kids, and myself. I did not obtain a restraining order, because I knew if I did, I'd need one.

 

[Bali Hai]

It wasn't my intention to be mysterious. The general answer for why it is that he got very little time with the children is that he is monster. In addition to the things that don't matter in a court of law, he was abusive towards the kids, and myself. I did not obtain a restraining order, because I knew if I did, I'd need one.

Why would obtain a restraining order if you didn't need one?

 

[Proserpina]

There weren't any limitations with regards to modifications in the FOAH. And I realize he could request modifications in visitation, I just wasn't sure if it needed to take place after the divorce is final. It seems a strange time to be challenging the judge's order.

There aren't any significant changes in circumstances, which I understand is what needs to have occurred in order for a judge to consider modifications. The only thing that has changed is father has moved across town, which is not a significant circumstance, nor is he claiming it to be.

So, if I'm understanding correctly, it is accepted practice to challenge the judge's ruling on visitation at this point in the process...?

Changing custody requires a change of circumstance. Changing parenting time however, is quite different.

 

[BI71]

Why would obtain a restraining order if you didn't need one?

I'm not sure I understand your question, and I don't feel comfortable discussing the details, beyond which apply to my original question.

 

[Zigner]

I'm not sure I understand your question, and I don't feel comfortable discussing the details, beyond which apply to my original question.

I believe that Bali misunderstood your prior response, specifically: "I did not obtain a restraining order, because I knew if I did, I'd need one."

I believe that what you are saying is that you fear that obtaining a restraining order would put him "over the top" and actually cause you to be in more danger. However, that's really problematic for you. On one hand you say that he is a "monster", yet on the other hand, your actions show that it's not that big of a deal to you. It's a really tough position to be in for you...

 

[tranquility]

So, if I'm understanding correctly, it is accepted practice to challenge the judge's ruling on visitation at this point in the process...?

It is not a "challenge" to the judge's ruling, it is a request for a modification. That reason might be a reconsideration of the facts or that the facts have changed. A "challenge", depending on the facts and issue, may be past.

But, it is all in how you argue it. Absent, of course, order limitations.