Notice of Relocation (serving question

[logicalvelocity]

Inlimbo,


Have patience with the process. Remember that perjury runs rampant in family court. Ex parte orders are dangerous for people who bring such action forward as Courts only consider the leading parties evidence and the matter is generally returned two weeks down the road so that you can bring forward your own evidence and facts. For them to obtain the emergency motion they most likely had to make some sort of untruthful allegation such as your leaving the country with the children. If this is not the situation, so say in your affidavit and be sure to label them as untruthful for bringing forth such allegation against your character. At the end of the day, the court will not appreciate their allegation and their credibility will be out the window with the court. When they mess up use it to your advantage.

Keep in mind that the interim interim orders are just that and most likely will be set aside once your bring forward your evidence.

lv

[inlimbo]

Hello fellow members,

Lv, thank you for the reply.

I have expanded on this on the other thread (on surrendering passorts). I don't know whether I am to give my evidence and views on (a) the lies the Ex and the lawyer used to get the exparte order
OR is it (b) I present my 'evidence and views' on my need to relocate?

My problem is that I can't respond by presenting my 'evidence and views' on the issue of RELOCATION since Ex has not (and did not) bring forth any Application before court to oppose my relocation.
Do you see what I mean?

I'm Truly inlimbo! Wishing you a Happy New Year.

[logicalvelocity]

Inlimbo,

Happy Holidays

As you mentioned,

I have expanded on this on the other thread (on surrendering passorts). I don't know whether I am to give my evidence and views on (a) the lies the Ex and the lawyer used to get the exparte order
OR is it (b) I present my 'evidence and views' on my need to relocate?

My problem is that I can't respond by presenting my 'evidence and views' on the issue of RELOCATION since Ex has not (and did not) bring forth any Application before court to oppose my relocation.
Do you see what I mean?

I'm Truly inlimbo! Wishing you a Happy New Year.

Both; use this opportunity to your advantage. To me this is an ideal opportunity to get your evidence by way of Affidavit in regards to all the issues including a cross claim for permission to move with the children into the record.

Hold no punches. Confine your evidence to facts. If the other party was untruthful at the ex parte - document such in your affidavit. Credibility is everything. Ask the court for an order to facilitate the move. Remember to focus on the children needs and their best interest and downplay the effect of the move on the children. IE: the move will have very little impact on the child's access, their current relation ships with family, school and the community they have come to know. Keep in mind the court will want to know the reason for the move. Remember the move in itself perhaps is a material change and as such basically both parents views will be considered.

Basically your trying to sell the court your pending parenting plan will be better for the children than the other parents.

lv

[inlimbo]

Lv, thank you.

I am going to work on the Affidavit now.

When do I file it in court? Is it before the date set for return? or on the date of return I go in with the Affidavit in hand?

I am very nervous about going to court, it is almost as if I actually have done something wrong! I have read a lot about the various cases but I keep thinking Ex's lawyer will just bulldoze me thru the whole thing and I will have much to loose including esteem.
Is it possible to get lawyer-service of some sort where one could do the write-up for me? I am thinking presentation of material/facts must matter?!

Can't thank enough...Thank You!