CASE NO. CDCD006132
PATRICK DURKEE § IN THE IOWA DISTRICT COURT
Petitioner §
V § FOR
BRENDA BIRD, f/k/a BRENDA DURKEE §
Respondent § CHEROKEE COUNTY
MOTION TO MODIFY SETTLEMENT AGREEMENT
Petitioner Patrick Durkee files this Motion to Modify Settlement Agreement pursuant to Iowa Code section 598.21C. and respectfully asks the Court to modify the settlement agreement for the purpose of changing his counselor. In support of this Motion, Petitioner Durkee states as follows:
I am the Petitioner herein well versed with the facts of this case. On the ___ day of December 2020, I signed a settlement agreement with the Respondent. Clause 14.4 of the agreement stipulates as follows:
“Effective immediately, Patrick will begin seeing counselor, Chris Carr in Cherokee, Iowa. Patrick must continue his counseling as stipulated by Mr. Carr and shall pay 100% of the fees for his counseling. Patrick’s counselor will work in conjunction with the children’s counselor, and at all other times deemed appropriate by the counselor(s), the children will join Patrick in his sessions with Mr. Carr. To help transition the children to the new visitation schedule herein, Patrick agrees to attend four (4) therapy sessions with the children’s therapist (and the children, if and to such extent as the children’s therapist recommends), and both Brenda and Patrick agree to follow the recommendations of the children’s therapists for these counseling sessions so as to encourage reunification between the children and Patrick.”
I would like to change my therapist and hire Emy Carlson to work with Kristal Barglof, the child’s counselor. Emy Carlson is a licensed professional counselor based in Watertown South Dakota. I believe Emy Carlson is better suited to do the job compared to Chris Carr. She runs Rays of Hope Counseling, LLC, an institution that provides culturally competent individual, group, marriage and/or family counseling services to youths and adults. Emy Carlson will help me achieve reunification with my children. Change of Petitioner’s counselor will not prejudice the Respondent in any way.
Prayer
WHEREFORE, Petitioner Durkee requests that this Motion be granted and the Court amend the Settlement Agreement in accordance with the above-requested relief.
Respectfully Submitted
(Petitioner’s Signature)
(Petitioner’s Address)
(Petitioner’s Phone)
(Petitioner’s Email)
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:
(Name of Respondent’s Attorney), Attorney at Law
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