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Jessica
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JosephE322, Expert
Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.
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JosephE322, Expert
Good evening – sorry to hear of this difficult situation. The ex cannot change the custody order unilaterally; she would need to go to court and convince the judge that there has been change in “the circumstances of the child since the making of the order or the last variation order”. If she doesn’t have compelling reasons why the arrangement should be changed, it is unlikely that the court will entertain her request.
JosephE322, Expert
The legal test is “a change in the condition, means, needs, or circumstances of the child or in the ability of the parents to meet the needs of the child which materially affects the child and not foreseen or could not have been reasonably contemplated by the judge who made the initial order.”
There does not appear to be any change of circumstances or the ability of him to care for the children.
JosephE322, Expert
Might as well file a cross motion so that she is to accommodate his work schedule.
JosephE322, Expert
You would respond to her motion and bring your own motion so that they can be heard at the same time.
JosephE322, Expert
My pleasure. Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.