Jonathan Farber v. Anna Farber (2010)

MEMORANDUM OF DECISION RE PLAINTIFF'S MOTION TO MODIFY (# 176)

Plaintiff seeks an order modifying the parties' Stipulation re Custody and Parenting Plan dated May 22, 2008 and the orders entered in accordance therewith (the “Parenting Plan”).

In support thereof, the plaintiff represents that a modification to the Parenting Plan would be in the best interest of the minor children.   More particularly, the father represents as follows.   Pursuant to Article 2(a) of the parties' Parenting Plan, the basic parenting schedules provides that during the week following the father's weekend, the mother shall have parenting time with the children on Tuesday, Wednesday and Thursday overnight, and the father shall have parenting time with the children on Monday overnight.   The father claims that the Tuesday night overnights are no longer in the interests of the minor children and requests that this court modify the Parenting Plan to eliminate the mother's Tuesday overnights with the minor children.

While there is some merit in father's claim for relief there is nothing so overwhelming as to require a change in the mosaic.   An examination of the well planned and carefully thought out separation agreement requires that it should remain intact.   Despite claims that the letter of the existing agreement has not been followed assiduously the Court is impressed with the relative lack of disharmony.   Any animus that the parties may have had has not spilled over into the existing arrangement.   To change a basically well functioning and malleable agreement could lead to a disintegration of the entire agreement.

The motion for modification is denied.

OWENS, J.T.R.

Owens, Howard T., J.T.R.