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.
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.
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