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wife wont agree going to file a motion

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  • #16
    nope not same school district doesnt say it anywhere

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    • #17
      thats an excellent suggestion i am gonna propose that ecxactly i do want to live in the samer town and i plan too reason is im 2 roads over from another town b ut its not the same name the clause the husband or the wife shall not remove the child from our town is to controlling our town has 9000 people im only asking for 25km radius as it puts me in like 8 others and gives me the ability to purchase the right home

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      • #18
        If there is no mobility clause, you move to the next town north, then she moves to the next town south, and with your child now two towns away it stops seeming as convenient a drive, expecially if your work is in the opposite direction. Remember you need to think a minimum of ten years ahead here, possibly longer.

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        • #19
          ya that is why i would like no further than 25km radius from her school

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          • #20
            ok so i think im going to file a motion and let judge decide anybody know how many ti es we need to go to court to rectify this stuff before a judge makes a ruling

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            • #21
              If neither of you has started a court action, you can't just file a motion out the blue like that.

              First you really must make her an offer to settle that is fair and reasonable. The one I outlined for you would do it, but you must send it. The courts totally frown on people using them as the first option, and as well, you need to have a reasonable offer on the table to avoid paying court costs; you want to be able to SHOW that you made an offer, she turned you down, that you wanted to avoid court but she was the one who was stubborn.

              Then you have to file a application for trial, you have to go for the whole thing. Lots of forms to fill out. You will file and then appear to get a date for your first conference with a judge.

              At the first case conference, you both present the judge with a "brief", a short written summary of what the issues are, what you want the decision to be, and why. The judge will try to convince you to settle out of court and may tell you what a likely result of your trial would be. The judge can make an order on the spot IF YOU BOTH AGREE. How likely is that, only you can say.

              After the case conference, THEN you can file for a motion order. The motion order will generally be temporary, until the final trial decision or the two of you settle.

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              • #22
                ok so im 2500 bucks into this thing just to get her to draw up an agreement i finally get it and its all in her favor as noted in above posts she keeps pen sion, i pay her cash , i dont get cp etc... i countered she laughed at it wont budge so i would just like to go to court and maybe the judge will be on my side and award me her pension wich will cover my court fees we are in agreement on custody its just the pension thing she wont agree to give it to me and she is a gov worker. if i file to go to court will a judge award my share for the time we were married

                i dont want to spend 10k in lawyers fees and not get her pension in the equilization she had to pay alot to me but she wont agree to it

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