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  Ottawa Divorce .com Forums > Main Category > Parenting Issues

Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #1  
Old 05-02-2016, 11:49 AM
ringettteplayer ringettteplayer is offline
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Default Applicant filed, apllicant adjourned?

Hypothetical question:
Wanting to move for a better job, if I inform ex of move via email and he files a motion within the 30 days of notifying him, if HE adjourns it, does that mean I cannot move until the motion has been heard?

Can he block the move just by filing a motion even though he has no intention of following through with the motion? Just to be difficult?

What is the approximate cost of filing/making a motion like this with a lawyer?

He is over $50,000 in cs arrears and has had 2 stay of enforcements consented this year.
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Old 05-29-2016, 10:26 AM
Beachnana Beachnana is offline
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I believe once the motion is filed and the process is in place then you continue with the process. You filed a motion so how does he get to adjourn it? If he wanted a little more time to respond then At the case conference he can ask the judge and if the judge feels it warranted he will grant it, but then the process should continue.

You I believe should just continue the process. Schedule the case conference and go see the judge. If you have a good case to move to better your life and he is that behind in CS payments then this is a relevant issue to be considered.

Your lawyer should be able to move things along surely?
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Old 06-01-2016, 10:06 AM
ringettteplayer ringettteplayer is offline
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Thanks Beachnana
I spoke with a lawyer and they advised me with some good advice, and since my children are older and the move is influenced by them It is in their best interests! With that being said its not that they tell me to jump and I ask how high but all the other factors that have been weighed into the decision making.
I will keep you posted the only reply I have been advised if it is contested by him it would be an expensive 3-4 day trial! Ughhhh
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  #4  
Old 06-01-2016, 10:47 AM
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Janus Janus is offline
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Quote:
Originally Posted by ringettteplayer View Post
Hypothetical question:
Wanting to move for a better job, if I inform ex of move via email and he files a motion within the 30 days of notifying him, if HE adjourns it, does that mean I cannot move until the motion has been heard?
Moving is a massive change. Probably the biggest change that can happen short of a reversal of custody. You definitely have to wait. If you cannot wait then make that case before a judge, but you can't decide to engage in self-help.

Quote:
Can he block the move just by filing a motion even though he has no intention of following through with the motion? Just to be difficult?
If you have proof of this, then try to stop the adjournment, and perhaps move for summary judgment.

If you don't have proof, then your speculation as to his motivations are unlikely to impress the court.

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What is the approximate cost of filing/making a motion like this with a lawyer?
Won't be cheap, mobility cases are brutal.

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He is over $50,000 in cs arrears and has had 2 stay of enforcements consented this year.
In theory, that should not affect the result of the mobility case at all.

In reality, it might.

More accurately, you are going to win this eventually, so just don't do something stupid. You are female, you have custody, and your ex is in arrears. This is a slam dunk.
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  #5  
Old 06-01-2016, 02:19 PM
ringettteplayer ringettteplayer is offline
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Hi Janus i have never been one to knee jerk especially when my children are involved. I get your sarcasm remarks and I feel sorry for you if you truly seem as miserable and biased at mothers as you come across. My ex however is not near the dad as you or any other dad on here, he could careless to parent i can hold his feet to fire and do all sorts of pleading to parent he does what he likes when he likes if he's not busy or gets dumped he'll pop in to ask for our children, only to bring them back early as he says i pay cs so i should get my money's worth.
I complain but i don't have that right! I married him he was a jerk then above the law and a bar brawler he finally found another woman across the country bought her a house and left us. abandobed everything all he took was a suitcase, i didnt believe my kids would be better without him! So i moved closer, i have since realizedhe could live next door and he still would avoid his responsibilties to our children. so when i propose a move and he doesnt reply or show up to court i won't be surprised I actually would appreciate it if he did reply or contest it would actually prove to his children thaf he cares however, i have my strong doubts he'd rather just be a guy.
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Old 06-02-2016, 10:40 AM
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Quote:
Originally Posted by ringettteplayer View Post
I get your sarcasm remarks
While I am frequently sarcastic, I don't see anything in my response to you in this particular thread that was sarcastic in any way.

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and I feel sorry for you if you truly seem as miserable and biased at mothers as you come across.
I am biased against alienating custodial parents and unemployed support recipients. That both happen to often be mothers is a problem with the system, not me.

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My ex however is (blah blah blah very bad he sucks I hate him)
You still have to motion to move, and then win that motion. His suckage means that you will win, so you just have to wait a bit and be patient.
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Old 06-02-2016, 10:55 AM
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Originally Posted by Janus View Post
While I am frequently sarcastic, I don't see anything in my response to you in this particular thread that was sarcastic in any way.
You weren't. You were bang-on with your advice.
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Old 06-02-2016, 01:26 PM
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Quote:
Originally Posted by ringettteplayer View Post
I actually would appreciate it if he did reply or contest it would actually prove to his children thaf he cares however, i have my strong doubts he'd rather just be a guy.
I sense sarcasm and misery, but not on Janus' part. In fact Janus was pretty much on point with everything she wrote.

To generalize men as such doesn't help anybody. He's not being a "guy". Not all "guys" do this. From a psychological perspective it certainly gives us a glimpse of the perceived injustice and subjective feelings you have about the relationship.


Wish you the best outcome possible.

LF32
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  #9  
Old 06-02-2016, 01:56 PM
ringettteplayer ringettteplayer is offline
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Since posts are like texts the emotion is difficult to read this is being typed with a smile and giggle!!

Haha!! Whoo hoo look at the Janus Lovefest!!! That's awesome!! You all are so great with your advice and ok ok i did misinterrupt janus and my apologies if the "sarcasm" comment came across as offensive like i mentioned above sometimes messages can be misunterstood both ways!! at the end of the day we are all on here for the same reason first and foremost to better our relationships with our children, protect their emotional wellbeing and to learn and gain insight to navigate ourselves through the mess of FL. We all want happiness and healthy relationships with our children and for ourselves!

Btw blah blah blah is my thoughts exactly janus!!! Haha i don't usually bother with the wet blanket woo ezz me shyte!! Haha i do find it funny that I went there!!

Thanks tho I will be sure to follow proper procedures!! Thanks again!
Hope you all have a great day!
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