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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-17-2014, 06:48 PM
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Join Date: Mar 2014
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Headwaters1 is on a distinguished road
Default Motion to Vary?

We are currently awaiting an OCL that has been delayed and asked the court to push the sc date to late Aug. the little one is starting school in Sept and the family is straddled between two cities, I just checked and earliest date available is Sept 23 for a SC. By then he will be in school and she will claim he should not be pulled out.

We have a 50/50 order from a failed exparte by my ex last September. The child was living in my current city even after separation...until ex moved I guess you'd say it was his habitual residence. He was taken without an access arrangement established.

If the OCL comes in and recommends joint with residency with me or maybe no residency specified in Aug then how do I get the ex to abide. I expect she will just refuse and enroll him in her city.

At that point would I file a Motion to Vary...that is to vary the interim joint at the exparte? Those dates seem closer but by the time the report is written in late august I am not sure I will have time then either.

I am assuming the OCL holds no water ...it's just a recommendation right?

Looks like I'm moving? What happens if we just both refuse to back down...





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