[marilynm]

My ex and I entered into an interim order last year regarding the city in which my son will go to school. The order called for specifics to be completed during the year and stated that so long as all was completed the order would become final. Now it is a year later, everything was completed as required and my ex now wants to fight the interim order and go to trial. My attorney claims that the judge will read the order and unless new evidence is proven the order will become final and not to worry. My ex's lawyer claims that once in court the interim order will be thrown out. Does anyone have any experience with this. I don't want my son to be interrupted and forced to go to another school particularly when I have complied with the interim order.

[tawnynkids]

Of course that is what his lawyer will say. I would stick with your lawyer and what you are doing. The interim order is an interim order for a reason, upon the compliance of conditions it becomes a final order. The reasoning your lawyer is speaking of is most commonly known as "change of circumstance" so the theory is because there has been no unexpected change of circumstance and the conditions have been completed there is no reason or expectation that the judge would not make the order final. Usually in order to deviate from a current or pending order such as yours a change of circumstance would need to be provided by the party proving why there should be a change from the status quo. I would relax and stop listening to your ex or his lawyer. They will always tell you what you don't want to happen and just because they say it doesn't make it so.

[marilynm]

Tawnykids - thanks for your reply. There is a change in circumstances in that my ex no longer works at the same company now and I suppose commuting isn't as convenient. To your point I still don't see how this issue can be raised either - conceivably we could all change jobs every now and again and we wouldn't be pulling our kids from school district to school district because of it. I have also offered to do more transporting as well - I see this as a power struggle between 2 pseudo adults who are losing sight of who is the most important person and how this impacts him while all along claiming to be doing just the opposite. Thanks again.