Ex just stopped bringing the children at access, last access was 2 weeks ago, we have a final order where she has custody and I have access every other weekend, from Friday 6pm to Sunday 6pm. I had constant and continue access since 4.5 years now. She just stopped access on her own, no notice, no warning, nothing. So I am about now to bring a motion, should be an emergency motion or just a regular with forms 14B and 14A? How should I serve her, I don't have her new address? We've exchange the kids at a public place in the past but she has moved to a new address. Is she in contempt of the order? If so how should I ask the judge for that? Thank you.
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Originally posted by trinton View Posthow far has she moved?
what did ordrr say about relocating?
emergency motion on notice is what I would do to restore access if it is caught off for no good reason
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the order doesn't mention anything about relocation.
You're saying an emergency motion on notice, to serve it at what address?
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Originally posted by paco View Postshe moved one block away, same area where she lived before, I don't know her address.
the order doesn't mention anything about relocation.
You're saying an emergency motion on notice, to serve it at what address?
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Originally posted by paco View Postlike I said, I do not have her address, and it's hard to find, it's a complex of high rise condos, should I serve to her last known address instead?
you could try email if the clerks accept your affidavit of service
worst to worst you do it without notice since you don't have her address and ask for police assistance clause. see what judge says
Sent from my SM-G935F using TapatalkLast edited by trinton; 02-06-2017, 10:16 PM.
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Originally posted by trinton View Postyou need judge permission for alternative service
you could try email
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I don't have her email.
That's what I was thinking, for police to enforce the access order, and the motion without notice.Last edited by paco; 02-06-2017, 10:19 PM.
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Originally posted by paco View Postokay so now I need another motion for judge permission for alternate service? what would be an alternate service?
I don't have her email.
doesn't your kids school have her new address on file?
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Bring an EM without notice ASAP.
You dont want to seem like you're okay with it. The more time that passes the more it seems like you consent.
Exhibits:
Records of your attempts to communicate.
Wording of previous order.
Proof kids were happy and thriving in the current regime (not that you need this).
Its a clear breach of the order and its not in the best interests of the children to have this sudden, unexpected change without notice. That's s good way for a parent to lose custody.
Screw giving them notice. Go get your kids back.
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Originally posted by trinton View Posti would start by police assistance clause and see how that goes
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Originally posted by paco View Postso, resuming, I file an emergency motion 14B without notice, an affidavit 14A explaining the situation and simply asking for police assistance to restore access and I will ask for alternate service for serving docs as I also plan to file a motion to change final order, that's 15, 15A and 35.1 which is a whole different ball.
affidavit explaining situation
my name is ........
final order in place .with access terms..... as attached
applicant has unilaterally moved and has not communicated with you about her where abouts. You've contacted her and have been ignored
you believe she lives close by and will need assistance of police to locate her and enforce the order
you're not asking for costs but simply to enforce your access
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Originally posted by LovingFather32 View PostBring an EM without notice ASAP.
You dont want to seem like you're okay with it. The more time that passes the more it seems like you consent.
Exhibits:
Records of your attempts to communicate.
Wording of previous order.
Proof kids were happy and thriving in the current regime (not that you need this).
Its a clear breach of the order and its not in the best interests of the children to have this sudden, unexpected change without notice. That's s good way for a parent to lose custody.
Screw giving them notice. Go get your kids back.
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