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We're just supposed to wait til she's gone??

Posted by on May. 14, 2014 at 5:12 PM
  • 26 Replies

Long story short: 

BM and SF are getting a divorce. BM is planning on moving from OH to AL with SD10 and her son with SF. Their CO prohibits her from even going out of the county w/o DH's permission, and out of state w/o the court's permission. When DH asked about it, BM replied she "wasn't discussing it with him, she had too much to deal with."  SF packed his things and moved out Sun. apparently. So, can DH file anything? We don't want to have to wait til she's gone to do something, but we probably won't know right away...

by on May. 14, 2014 at 5:12 PM
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Replies (1-10):
faerie75
by Platinum Member on May. 14, 2014 at 5:20 PM
5 moms liked this

 id probably file an ex parte order. immediately.

huntersmom1007
by Bronze Member on May. 15, 2014 at 11:44 AM

Talk to a lawyer. 

WifeyC
by Platinum Member on May. 15, 2014 at 11:59 AM

Get a lawyer, but he can file something before she leaves.

bothsidesofcoin
by on May. 15, 2014 at 12:01 PM
Something needs to be filed immediately since you already know of what she's planning on doing. Unless DH doesn't care. But it sounds like he does
jules2boys
by Gold Member on May. 15, 2014 at 12:21 PM

How do you know BM is planning this move?  Who told you? 

LyndaLoo78
by Skeletor on May. 15, 2014 at 1:25 PM


Quoting jules2boys:

How do you know BM is planning this move?  Who told you? 

This.  Because if the intel came from a 10 year old, the court will not view that as evidence but rather hearsay and your motion will be tossed.

LaurenCalt
by on May. 15, 2014 at 4:31 PM

In NJ, he can file a Motion to Enforce Litigant's Rights - I would check if he can do the same in your state.  If their Court Order states she's not allowed to leave, then then Motion would address her violation of the CO with the Courts.

pepper504
by Platinum Member on May. 15, 2014 at 4:41 PM

BM is supposed to tell BD of her moving within so many days of their moving.  BD can then file his objection to her moving. 

If she moves without advising BD of same, then she can be held in contempt of the CO and who knows, sometimes custody is changed due to that.  Not saying that it could happen, but she HAS to apprise the BD of the move, regardless, and it has to be for good reason as well.

LyndaLoo78
by Skeletor on May. 15, 2014 at 4:46 PM


Quoting LaurenCalt:

In NJ, he can file a Motion to Enforce Litigant's Rights - I would check if he can do the same in your state.  If their Court Order states she's not allowed to leave, then then Motion would address her violation of the CO with the Courts.

In order to file a motion to Enforce Litigant's Rights in NJ you have to have proof (evidence) that the Litigant's Rights have in fact been violated.  A "The kid says they MIGHT move out of state." is NOT proof of a violation of a CO or even intent to violate the CO - the motion would  be tossed.

LaurenCalt
by on May. 15, 2014 at 5:48 PM

Okay, but it seems pretty evident that she's planning to leave.  DH can be proactive in getting the paperwork together for when she gives the final word.  Even if she actually leaves the State, it won't be long before they order her back.

Quoting LyndaLoo78:

Quoting LaurenCalt:

In NJ, he can file a Motion to Enforce Litigant's Rights - I would check if he can do the same in your state.  If their Court Order states she's not allowed to leave, then then Motion would address her violation of the CO with the Courts.

In order to file a motion to Enforce Litigant's Rights in NJ you have to have proof (evidence) that the Litigant's Rights have in fact been violated.  A "The kid says they MIGHT move out of state." is NOT proof of a violation of a CO or even intent to violate the CO - the motion would  be tossed.


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