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Material Change

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  • Material Change

    Question for anyone who can help me....As it was advised to me to get legal representation ASAP, to cite for a material change of circumstance and to go for sole custody...we are at a loss as all 12 lawyers we have been in contact with have all said the same. "We are not taking on new clients until the new year" With this said, how can we fight our battles, when no one is there to help us. I think this is an urgent case and we have stated this to all lawyers we have contacted, and still nothing.

    Another quick question, can my husband's ex wife actually physically serve him with papers herself? I always thought that it had to be done through a third party. Reason I ask is that she met him at the door while he was picking his son up for one of his access visits and said " consider yourself served". Then as soon as he mentioned that he would be presenting the papers to his lawyer, she retracted! He asked what the papers pertained to and she said that it was with regards to maintenance issues. (He pays on time every month the amount noted and agreed to on the divorce judgement - but I think that she figures if she goes for more money...then he will decide to let her go, malicious she is)

  • #2

    Just an opinion,

    The move is considered a material change as the child will be uprooted from its familiar surroundings and taken to the USA. Because she has sole custody she has no right to just pick up and move with the child unless she has permission from the other parent involved in the matter. This will no doubt have an effect on the child due to the following

    the child will now have a limited relationship with one of the parents;
    the child will be uprooted from the community and familiar surroundings;
    the child will now have a limited relationship with the extended family that resides in the community;
    the child will lose friendships;
    the child will no doubt have to travel long distance either way;

    The Christmas season is upon us and things generally move slower the usual. Retain one of the lawyers after the holidays ASAP. I do not think she can do much as most courts have a few months backlog for motions etc. The matter is not an emergency in the sense because she hasn't moved yet and also has ample opportunity to bring the matter before the courts sooner. The onus on her is to get the courts permission for the move as she would be in willful contempt of the current court order in place as she will not be able to accommodate the current access regime. Without the courts blessing in place, it will look extremely bad for her.

    I wouldn't be to concerned or intimidated at this point in time about support issues. These would be secondary to the primary material change of circumstances which is custody of the child.

    As far as service of documents, generally for something like a motion or restarting a case she has to serve the party directly or the lawyer on record. If it has been a few years its best to serve the other party directly in person or she could of used a process server. However, she shouldn't be serving court docs in front of the child. This isn't very child centered. If she does serve you ie: motion documents, you can also bring you own motion before the courts at this time. If it is a fresh application, you will have plenty of time for your answer.

    I also think you have spooked her because she didn't follow through with the service of documents.

    If you decide that you feel you could parent the child full time, and you honestly feel that its in the child's best interest for the child to remain behind in its familiar surroundings then pursue the matter. As I mentioned before, you may never get another opportunity of a material change of circumstances.

    Be sure to submit a superior parenting plan of the child of any intentions on how the child was in your care. Emphasis the best interest of the child and stability etc.


    • #3
      malicious...funny that you find it right to name call, when she cannot even defend herself.

      Do you find yourself to be a fit parent? I find name-calling not a great example.

      I served my ex with papers because he kept holding the money over my head. Could this possibly be the issue? I don't feel that this should every be a disagreement however a discussion. It is in the best interest of the child however, and children are not cheap!! You apparently having 6 or 8? should know that!


      • #4
        u do realize momto5 that was posted over 3 years ago????


        • #5
          Yes, I realize that! I just think its wrong! If you read in another post to Soncecilia I mentioned that


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