In order to change a parenting plan you must prove there is a change in circumstances where it would be in your child's best interest to increase your parenting time.
973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
I agree with my colleague. You need to show a change in circumstances in order to modify the current parenting schedule. You cannot request an extra overnight as a "punishment" for your ex's "visit obstructions." However, you can try to ask for the court's permission to make up any lost time (due to the custodial parent's conduct).
This answer is for informational purposes only and should not be construed as legal advice.
If the original motion did not contain a request to bar her from interfering with your weekday visits, you would have to file another motion to enforce the current order. However, in motion practice, you file a motion, she responds, and you can respond to her certification. I would recommend that you highlight what has been occurring in October to use as a further reason to support your current motion for the additional overnight. However, a Judge will not consider any request verbally that was not contained in the original Notice of Motion.
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