Judge said she can't tweak original even though she wanted t

North Carolina Divorce Law Divorce and Separation Answers
1

He has not been consistent in his visitation; he has not been consistent in his phone calls to her; he doesn’t write letters on a routine basis; and, all of the other things that mother was concerned about still exist. There’s no evidence that her concerns are not legitimate. Given that, I’m not going to modify this order. There are a million things I would like to do to tweak it. I can’t even get to best interest, though. I can’t –******* there’s a new case that just came out******* and Mr. Souza, Ms. Rouzelle can explain that to you that says I can’t even tweak. I can’t say face time. I can’t say sisters can provide visitation. I cannot do anything without a substantial change in circumstance affecting the welfare of the minor child.

Does anyone know what the new case is that just came out?
What case ruling is the judge making reference to?

2

To change a permanent custody order based on a motion to modify, the court cannot enter a new order unless it determines that there has been a substantial change in circumstances. This means that even if minor things aren’t working or what is best for the children right now (transition times, telephone call times, vacation schedules, etc.) that a judge cannot enter a new order changing these unless he/she can find a substantial change.

3

May I inquire what exactly constitutes a “substantial change”? A child’s attitude? Grades? I’m just curious as to what would be taken into consideration. Thanks.

4

Whether a substantial change has occurred is in the judge’s discretion. Case law indicates that the change needs to adversely impact the child(ren).