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  • what will happen?

    Her and I don't get along. It's my fault as much as it is hers. Too many emotions still. In the process of litigation, as she refuses any sort of mediation. I'm suing for equal acces, shared custody. She came back with full custody for herself and week-end access for me. Time passed, and yes I became mean to her, giving her a taste of the pointless/riduculous trials she would put me through in everything from returning clean clothes to not giving our son back to me for my weeks. She got sick of putting up with my inconsistancy, and agreed to a meeting with lawyers. (Funny how it's no big deal when it's her doing it to me, but unacceptable when its returned..

    Anyways... We hammered out an agreement. Minutes of Settlement to be exact. It was inconvenient for both of us at time. But I arranged people to pick the boy up at 4pm as required by the agreement (hard to do when you're working 9-5), and asked for some lee-way. She lectured me on meeting my responsablilities. Thus, another 100 bucks a month to pay someone to pick the little monster up at 4 from her place (welfare Mom - High school drop-out, no desire to do anything but collect government subsidy. Or so it seems from this side of the fence at least.)

    A few more months pass - and now she levels her aim at me. She's moving out of the city. Mid-week access (as agreed to in the Minutes) is no longer acceptable. It will be my responsablitly to drive both ways when I want to get my son for my week. I have to drive an hour each way to go get him. She has no license, and thus cannot drive him to me.
    She plans on making a family with her new boyfriend (with whom she is pregnant) in this new home of hers. And cannot see a SINGLE 'con' to her moving away and ending mid-week access unilaterally. Like she actually put some thought into a 'pro' and 'con' list to help her decide whether or not to shaft her son, and her san's father.

    Anyway...

    So what's likely to happen? My lawyer says we'll file a motion to either have the child returned to my city, or that our son be placed with me. What are the odds of this actually coming to fruition? Will she be forced to move back? Will She be forced to grant mid-week access again? Will she be forced to give him up to me full-time? Any ideas?

  • #2
    Originally posted by wretchedotis View Post
    ..............
    Anyway...

    So what's likely to happen? My lawyer says we'll file a motion to either have the child returned to my city, or that our son be placed with me. What are the odds of this actually coming to fruition? Will she be forced to move back? Will She be forced to grant mid-week access again? Will she be forced to give him up to me full-time? Any ideas?
    You chances are very good if your Minutes of Settlement includes a clause that the custodial parent will not move further than "X" kilometers away from the non custodial parent. Otherwise she is free to move wherever she wants.

    As for your Motion to seek custody of the child, it is unlikely that a Judge would grant that to you merely because your ex moved further away unless as stated above it was a breach of the agreement. Neither can a Judge order your ex to return to where she resided before.

    As for mid week access you always had that so you still do. You'd just have to drive further or exchange mid week access for an extra weekend of access a month.

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    • #3
      Judge CAN order her to return to the city unless she is willing to give you full custody.

      If they don't, then she should pay you for the hours you spend driving, gas etc,

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      • #4
        Originally posted by Edward View Post
        Judge CAN order her to return to the city unless she is willing to give you full custody.

        If they don't, then she should pay you for the hours you spend driving, gas etc,
        No, a Judge cannot order her to return to the city. Neither will a Judge order her to pay for gas unless she has violated the Minutes Of Settlement or any other Court Order.

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        • #5
          You are right my bad but he can order children to stay in the city.

          When circumstances change, new rules may apply. If she has no good grounds for moving and if children are better off in the city, then the father may get full custody or at very least get something for traveling that far every week.

          And if the judge says children better stay in the city, she will probably stay too.

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          • #6
            Originally posted by Edward View Post
            You are right my bad but he can order children to stay in the city.

            When circumstances change, new rules may apply. If she has no good grounds for moving and if children are better off in the city, then the father may get full custody or at very least get something for traveling that far every week.

            And if the judge says children better stay in the city, she will probably stay too.
            None of the above.

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            • #7
              Hmmm...

              Sometimes I just get so frustrated...

              Comment

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