Also known as: requests for leave to modify a motion · request to modify a motion · leave to modify motion · motion to modify · leave to amend motion
Written by attorneys · grounded in primary & secondary sources — see below
A request by which a party seeks court permission to file a motion to modify an existing decree when a statutory waiting period would otherwise bar the filing. Under the Uniform Marriage and Divorce Act, a motion to modify a custody decree ordinarily may not be made earlier than two years after its date unless the court permits it upon affidavits showing serious endangerment to the child.
Renee Rogers moved in family court to alter a proposed custody schedule. After the two-year bar applied, Rogers realized the language failed to address holiday rotations. She therefore made a request for leave to modify a motion to insert the missing dates. The court granted permission on affidavits and the revised schedule was considered.
Ravi Reddy offered a motion seeking to narrow an injunction against algorithmic demotion. After the two-year bar applied, Reddy noticed the wording omitted a key metric. He requested leave to modify a motion to add the missing definition. The court allowed the change on supporting affidavits and the clarified version was adopted.
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Rajesh Rao proposed a motion to extend an expert deadline in a contract dispute. After the two-year bar applied, Rao discovered an overlooked viral revenue spike. He made a request for leave to modify a motion to include the new damages calculation. The court granted permission and the updated timeline was approved.
Riley Rivera moved to add testing days to a products liability schedule. After the two-year bar applied, Rivera saw that the logs required further review. Rivera requested leave to modify a motion to specify the exact testing window. The court permitted the revision and the adjusted order was passed.
Rebecca Ross offered a motion to limit document categories in a subpoena. After the two-year bar applied, Ross realized the language still swept in privileged files. She requested leave to modify a motion to carve out attorney-client materials. The court granted permission and the narrowed command was adopted.
Roberto Reyes moved to restrict guest privileges at a private club. After the two-year bar applied, Reyes noticed the text failed to address reciprocal visits. He made a request for leave to modify a motion to insert the reciprocity clause. The court allowed the change and the revised policy was approved.
A party may seek court permission to modify a custody decree motion only upon a showing by affidavit that the child's present environment may seriously endanger physical, mental, moral, or emotional health. The request for leave must be granted before the motion can proceed within the two-year period.
A request for leave addresses statutory time bars on custody modification motions and requires court approval based on endangerment affidavits. No friendly-amendment procedure exists under the cited statute.
If leave is denied, the motion to modify the custody decree may not be filed until the two-year period expires. The party may still submit affidavits in a later attempt or pursue other available remedies.
…practice, the sole question legitimately presented on appeal of the District Court's decision denying petitioners' Rule 60(b)(5) motion to modify the Aguilar injunction would be: Did the District Court abuse its discretion when it concluded that neither the facts nor the law had so changed as to warrant alteration of the…