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  • ExW moved 1 hour away from son's school

    I'm a little lost here...
    I've read many threads about one parent moving and the options available to prevent the child from being moved from the habitual residence, and I think I'm doing everything right... and getting nowhere.

    Ex wife moved (lives with her parents) 1 hour away from where our son goes to school, so he now commutes 2 hours per day in good weather. Obviously this will only get worse. She has stated she will assume all travel responsibility and no change will be made to our access (de facto joint custody, 50/50 shared schedule).

    We filed a motion requesting a temporary order of M-F and 1 weekend per month with me, until ex gets more local residence.

    Judge will not hear the motion as it is not impacting access or school. We have a CC scheduled this month and the judge feels it can be discussed then. My concern is, in order to remain impartial, she cannot make a judgement on this, otherwise she can't continue with the CC.

    Am I missing something? How is this even a question? My understanding is that a parent simply cannot move a child out of the school catchment zone. 1 hour is in no way a reasonable commute for a 7 year old.

    I'm out of ideas... Thoughts?

  • #2
    It sounds like you tried an emergency motion prior to the first CC. If that is the case, it was not considered an emergency and therefore not heard.

    If this is not resolved at the CC you would then be able to bring forward your motion.

    Hopefully other posters can help with info about mobility.

    Comment


    • #3
      Second CC is coming up soon, but this was not discussed at the first. She withheld info about moving until after the first CC, which is another matter to be discussed.

      So after the CC, when I file a motion, a different judge will hear and make judgement? My understanding is it cannot be the CC judge.

      Comment


      • #4
        If your ex wants to put your child through a 2 hour commute, that is her choice, and maddeningly, her right.

        She is still getting him to that school, and you are still getting him for your weeks. She has not moved your child out of the catchment zone, she was moved herself out of the catchment zone. According to you, she is doing all of the necessary driving. There really isn't an issue here. I suggest you let it go.

        On a side note, I do think that she is being incredibly selfish by making your kid drive that much, but keep in mind that there are some kids who spend them much time on a bus due to living in remote areas. It could be worse.

        Comment


        • #5
          You have 50/50 shared parenting, is an hour commute each way worth excluding the kidlet from equal access to his parent? As long as she continues to be responsible for kidlet travel, I don’t think you can do anything. Fwiw, my bus ride was 1.25 hrs each way.

          I would, however, be preparing for her potential move to an even further location. Are you in the school’s catchment area? I would be focusing on having that school district/location named as his habitual residence and restrict mobility to that location. As he grows older, he will want to be with his school friends both before and after school.
          Start a discussion, not a fire. Post with kindness.

          Comment

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