Can I put conditions on my spouse that if met would change the visitation schedule in the future?

In Talbi v. Essoufi, the 2d DCA found language included in Final Judgment that prospectively modified custody unenforceable unless a substantial change in circumstances was pled.  In this case, the parties agreed to a change in the parenting plan IF the Mother completed a list of specific tasks. Upon completion, the Court found that a substantial change in circumstances also had to be pled and proven in order for the court to make changes to the prior Order. Therefore, if should never be assumed that a prospective modification will automatically take place because the parties agreed that a change will take place upon the happening of an event. In order to consider modifying a prior Order, the party must plead a substantial change in circumstances that was not contemplated at the time the original Order was entered. In other words, if you and your spouse think a situation may come up in  the future and want to include language to cover that event should it occur, it's likely the court will not later make a modification even though that's what you both intended -unless you can plead and prove that there's been a substantial change in circumstances that was not contemplated at the time the original Order was entered. Because the prospective language makes it clear you did anticipate the events at the time the original order was entered-there's likely going to be a problem meeting this legal burden. You're better off to leave any prospective language out to avoid this catch 22. 36 FLW D1641b