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  • Motion before Case Conference?

    My bf has a 1st court date scheduled in early July. His ex has sent several emails and texts indicating that she plans on moving herself and their daughter several hours away. My bf has responded that he does not agree to a move and has requested that primary residency be transferred to him should she choose to move. He stated this in his response, as well as in a letter to her lawyer.

    Based on past actions, he has a strong belief that she may actually go ahead with the move. There is no benefit to the child in the move, as all of her extended family (both sides), live in her current community. The mother is moving for a new relationship, and not related to a job, or any other gain.

    Since he has not had a court date yet, I am unsure what else he can do at this point. When can he ask for an order restricting the change of the child's residency? Does he have to wait until a Case Conference? Can he schedule a Motion after the first appearance? They do have an SA, and he has filed it and asked for some changes, but this is all part of a new application. He didn't file the agreement until he was convinced he needed to go to court.

    He currently has EOW and Wednesday evenings, but is now asking for 50/50 after less than a year of separation. Before the separation the parenting and all responsibilites were shared, but my bf and his daughter have told me that he really did most of it. He only agreed to less time because he had to stay with relatives to get back on his feet, and because his work schedule made it difficult to obtain care for his daughter. He has since changed both of these things and is fully able to care for her.

  • #2
    He can't file a regular motion until the first case conference. He can go for an emergency motion only. He seems to have enough reason for an emergency motion if he has some kind of facts to support his worries that she will just up and move. Is there some way he can confirm she is packing? Is the child registered in school for the fall?

    BTW if she is pulling a fast one, the child may still be registered, that is actually great. Your BF can just take his child to the same school in September. But check this out, it may confirm the ex's intentions.

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    • #3
      If she does move on the sly, it's emergency motion time. Been there done that. The ex can live where ever she pleases, the children live where their best interests would be.

      Were I you, I would hope she does try that, as it is one of the stupidest possible moves she can make.

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      • #4
        ok. So basically he has done what he can, short of confirming her school enrollment. She is in a special school program, such that he would insist that the child remain at this school to be in the program. She is also is an extra-curricular program that he wants her to continue in (and the child does too)

        Not sure if the mother actually intends to move, or if she was just trying to piss him off. But she sent numerous emails and texts and refuses to answer any of his questions about the move. She is also planning a vacation with the child, but will not tell the father where that is (I assume it is within the province).

        He did send her lawyer a copy of her communication with him regarding the move. I'm sure her lawyer will explain the stupidity of such a move, but I don't know if that will make a difference. Unfortunately when the father mentioned the move to the child (thinking she had already been told about it) the child got very upset. The mother then blamed the father and no the child will not talk to him about anything and thinks that he is a "liar". The poor girl is only 7

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        • #5
          Originally posted by NBDad View Post
          Were I you, I would hope she does try that, as it is one of the stupidest possible moves she can make.
          For the child's sake, I won't wish that, as she loves her mom very much. But I am tempted. I really do think she would be better off with her father, or at least a lot more time with him too. We are bordering on PA here....

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