Motion to Clarify vs. Motion to Modify a parenting plan

[doc2b]

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

Hubby and his ex wife have come across several things that are not addressed specifically in their CO...the most recent being 5th weekends are not assigned to either of them and are not mentioned at all. Dad has the kids late on first and third Sundays, mom gets them early on second and fourth. Since before the CO was signed, they've used the same schedule, and he has been taking late days on the fifth Sundays, now she wants to alternate to be fair. He wants to leave it as is because she has a significantly more hours to spend with them each week than he does. I can see both points of view, but they're at odds on this and I see a trip to court coming soon.

What's the course of action for something like this? I've read as much as I could find on Motion to Clarify vs. Motion to Modify the parenting plan and can't figure out which is appropriate. If it's not mentioned in the CO, there's nothing to clarify, right? They're both planning on going pro se, and they're both come up with a list of things that they can't compromise on that is either ambiguous or not mentioned in the CO.

Also, if Motion to Clarify is the step they should take, I read in a past post something about a time limit after the CO goes into effect...does that apply across the board, or just depending on the state it's in?

Thanks for your help (again)

 

[Ohiogal]

What EXACTLY is the wording?

 

[doc2b]

It says:

The first and third Sundays of each month with Plaintiff until 2:00pm, and with Defendant from 2:00pm until Wednesday at 6:00pm​

The second and fourth Sundays of each month with Plaintiff until 9:00 am, and with Defendant from 9:00 am until Wednesday at 6:00pm​

And that's it with regard to Sundays...

 

[Ohiogal]

Do a motion to clarify. Because this leaves the children without any place at all for that time. MOtion to clarify by dad would work.

 

[doc2b]

Thank you so much!

 

[doc2b]

I've searched the MI court's website high and low regarding Motion to Clarify...is there a specific form, or am I missing something? The closest thing I found was:

Form FOC 65
MOTION REGARDING PARENTING TIME
Use this form if:
• you have a pending case for divorce, separate maintenance, family support, or paternity; or
• you have a judgment of divorce or separate maintenance, a family support order, or an order of
filiation but parenting time was not included; or
• you already have parenting time orders in your judgment of divorce or separate maintenance,
your family support order, or your order of filiation and you want the court to either order
parenting time or change parenting time.​

During the divorce, they decided to waive FOC, so I don't even know if they can use the FOC forms or not...

This is complicated for , now I see why it costs so much to use an attorney

 

[Ohiogal]

HE may be able to use those forms. You are a legal stranger though and cannot.

 

[LdiJ]

It sounds like a 50/50 schedule with dad having the bulk of the weekend time. If so, then why does mom have "considerably more time to spend with them during the week"? Does mom have a non-standard work schedule?

What age are the children? A truly fair 50/50 schedule would be every other week, with each parent getting a full weekend during their week.

 

[doc2b]

OG, I know better than that The forms are for my husband and his ex wife, I'm just not that busy (at home with the baby for now) and don't mind doing the asking when he needs it.

LD, the kids are 7 and mom has them during the day M-F days, M-Tu overnights, and then every other Sunday from AM or PM and overnight, depending on the week. Dad has them from 6PM on W-F (their bedtime is PM) and overnight until 7AM, all day Saturday, and half of Sunday.

Mom hasn't worked since the divorce. Dad's work schedule consists of all weekdays and some weekends, so he ends up having to give up some of his time giving her RoFR.

 

[LdiJ]

OG, I know better than that The forms are for my husband and his ex wife, I'm just not that busy (at home with the baby for now) and don't mind doing the asking when he needs it.

LD, the kids are 7 and mom has them during the day M-F days, M-Tu overnights, and then every other Sunday from AM or PM and overnight, depending on the week. Dad has them from 6PM on W-F (their bedtime is PM) and overnight until 7AM, all day Saturday, and half of Sunday.

Mom hasn't worked since the divorce. Dad's work schedule consists of all weekdays and some weekends, so he ends up having to give up some of his time giving her RoFR.

I assume the kids are in school? Obviously she is going to see them more during the summer, but during the school year she apparently has less of their non-school time than dad does.

 

[doc2b]

Yes, they're in school. She gets them for an hour and a half before school and 2 and a half hours after school on Wednesday-Friday of the school year...so they're about even during the school year if you're going by the number of waking hours they get to see the kids.

That's where the problem lies...I don't think either of them are looking at the big picture-it's a matter of 25-30 hours total over the year that they are talking about going to court over. Hubby is ticked off because he's been getting 5th Sundays for over 2 years, now all the sudden she wants to split them up to be fair. They are overall pretty good about swapping time for special occassions and stuff like that, but stuff like this has been an ongoing issue. During mediation, they agreed that on the days my husband has overnights, if he has the day off work, he would get the kids for the day (she wanted extra CS if she was going to have the kids during the day-seems fair, but now she won't let him spend any extra time with the kids unless she gets an even trade of hours)...somehow, this escaped being written into the CO and now he doesn't get that time. Since then he's learned to check and double check everything he signs...

 

[LdiJ]

Yes, they're in school. She gets them for an hour and a half before school and 2 and a half hours after school on Wednesday-Friday of the school year...so they're about even during the school year if you're going by the number of waking hours they get to see the kids.

That's where the problem lies...I don't think either of them are looking at the big picture-it's a matter of 25-30 hours total over the year that they are talking about going to court over. Hubby is ticked off because he's been getting 5th Sundays for over 2 years, now all the sudden she wants to split them up to be fair. They are overall pretty good about swapping time for special occassions and stuff like that, but stuff like this has been an ongoing issue. During mediation, they agreed that on the days my husband has overnights, if he has the day off work, he would get the kids for the day (she wanted extra CS if she was going to have the kids during the day-seems fair, but now she won't let him spend any extra time with the kids unless she gets an even trade of hours)...somehow, this escaped being written into the CO and now he doesn't get that time. Since then he's learned to check and double check everything he signs...

I am siding with mom on this one. I think that dad already has the better deal. Before school time is definitely not quality time, and after school time often isn't either. Those Sundays are the only days that mom gets any real quality time.

 

[doc2b]

Do you think it would be a fair compromise if dad takes late fifth Sundays in the summer and mom has late fifth Sundays in the school year then? That would probably split them about half and half...since she sees them more during the summer and less during the school year.

Anything to avoid them going off to court...they've not had one visit yet since the divorce, and it would stink to break that track record

 

[Farfalla]

Do you think it would be a fair compromise if dad takes late fifth Sundays in the summer and mom has late fifth Sundays in the school year then? That would probably split them about half and half...since she sees them more during the summer and less during the school year.

Anything to avoid them going off to court...they've not had one visit yet since the divorce, and it would stink to break that track record

As a mom I would not agree to that... There is a distict difference between the time spent together on Sunday before a school day and an Summer Sunday. Why not split them up so that each parent gets some summer Sundays and some school year sundays?

 

[doc2b]

As a mom I would not agree to that... There is a distict difference between the time spent together on Sunday before a school day and an Summer Sunday. Why not split them up so that each parent gets some summer Sundays and some school year sundays?

You obviously didn't read their current schedule...they each get part of each and every Sunday, and have no problem with it. It's only the occassional fifth Sunday that they can't agree on who gets the extra hours. And it has nothing to do with being a mom or a dad...they can't agree because they want as much time as possible with their kids.