Clark v. Clark

MORRIS, Judge.

Plaintiff’s first assignment of error relates to the denial of her motions to dismiss at the conclusion of the defendant’s evidence and at the conclusion of all the evidence. Plaintiff concedes that, nothwithstanding the intentions of the parties to restrict subsequent modifications of the consent judgment the District Court had authority to change the custody provisions therein. Thomas v. Thomas, 259 N.C. 461, 130 S.E. 2d 871 (1963). Plaintiff maintains, however, that a judgment awarding custody cannot be modified or disturbed except upon evidence proving a “substantial change…