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Drafting Final Order - please help

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  • Drafting Final Order - please help

    I'm drafting now the Final Order with respect to the Trial decision and judge's instruction.
    At the time when Trial was heard few months ago we did not experience these extraordinary circumstances due to covid19 and a country being shut down and with massive lay-offs out there.
    I would like to include a special provision in the draft Final Order with regards to relocation out of the country with my children in the event of financial hardship due to recession, specifically given the existing extraordinary circumstances due to covid19 and the potential financial and economical hardship I may endure (which also my ex may endure too) due to recession and massive lay-offs out there, because it's clear to everybody now that this recession may last many years from now on, I should be able and permitted to temporarily move out from the country to my home country where I have some financial stability with my parents for the time being until the economy and the jobs are back to normal. I should have my ex's consent, which consent shouldn't be unreasonable withheld given the extraordinary circumstances our family is facing.
    I'm drafting this special provision only with my kids best interest in mind. Please let me know your thoughts.

  • #2
    Being allowed to move with your children to another country is a HUGE issue which you cannot “add” on your own to a final order. It is an issue you will need to have a separate trial on if it was not already addressed at your trial. The bar is very, very high that you will have to climb in order to convince a judge to allow you to move to another country. It is rarely allowed, especially if the other parent objects.

    Have you discussed this with the other parent? If so, what is their response? You can not simply add this clause into your order.

    Comment


    • #3
      If the Judge has made a decision then the Order should reflect exactly what the judge decided. You cannot add to or amend the judge’s decision at the issuance stage. As mentioned above if you want additional relief you’ll need to file a motion to change.

      If you have your ex’s consent then file a motion to change on consent. But this is still separate from drafting the order as the trial judge decided.
      Last edited by Kinso; 04-05-2020, 10:22 AM.

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      • #4
        Well thats definitely an unreasonable condition and one that would require a judge to sign off on. Regardless of your previous issues and what the judge decided, demanding you be able to move to ANOTHER COUNTRY is a pretty huge jerk move.

        You can move but the kids stay.

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        • #5
          There is NO WAY in heck you can slide something in like that after-the-fact. You have to prepare the final order as per the judges decision.

          Inserting a new clause that was never contemplated requires you to change the final order. Either by consent or via motion.

          Comment


          • #6
            that's what I thought, thanks all for your quick and helpful thoughts! Stay safe, wash your hands, wear masks and gloves while outdoors!

            Comment

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