Can you update or change a Parenting Plan without filing a Motion? Yes!
What things can be done when you update or change a Parenting Plan? It can run the gambit from changing an exchange location, the way a holiday is defined, to modifying the whole timeshare arrangement. An update or change to a Parenting Plan is not the same for every family, it can differ widely.
How can you do it?
- Communicate with your co-parent regarding what you want to update or change. Send an email or written communication to your co-parent about what you want to change, and explain the reason. If the co-parent agrees, then a updated Parenting Plan can be prepared or a Stipulation and Order which gets submitted to the Judge and once signed, becomes an enforceable Order.
- Either parent, without a Motion, can submit an Order to the Court for mediation through the Family Mediation Center (“FMC”). Using FMC may be helpful because a third party neutral is present to help work through the issues that need to be addressed. If anything is resolved in mediation, the mediator prepares a Parenting Plan which then both parents sign and can be submitted to Judge and once signed becomes and enforceable Order.
Does this always work? No. In some cases, a co-parent is not receptive to updating or changing the Parenting Plan. In those situations, if the issue is significant, it would require the filing of a Motion to have the Court address the issue.