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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 12-30-2012, 01:46 AM
mr.mom mr.mom is offline
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Default wanting to move kids

Hello,
My gf wants to move in with me in my town which is almost an hour from where she currently lives, and she of course wants to move her kids here. Her ex is blocking the move unless she revises their separation agreement to 50/50 access. Their agreement states that either parent has to give the other 30 days notice prior to moving, but doesn't outline anything about the kids moving.

How should she go about this? Should she give the 30 days notice and tell him to file a motion if he disagrees, or should she file a motion seeking permission to move the kids?

A few facts:
Her job is 15 mins away from my place, her job is about an hour from where she currently lives. Moving the kids here will allow her to be closer to the kids' school in case of an emergency.

I have kids, her kids' age and they get along like siblings. They would see more of each other and they would be easily introduced to new friends.

Her ex has an apartment where she currently lives, but only uses it when he has the kids on a school day. Otherwise he is at his gf's place which is an hour and a half away from the kids' current town. This move would actually put him closer to the kids when he is at his gf's (his gf lives about a half hour from where I live)

She just recently moved to the town she resides in now, so she would be less than a year there.

This move would actually benefit her ex but of course he is blocking it unless he gets something out of it.


So other than my question about how she should proceed, What do you think her chances are of succeeding if this went to court?

Thank you
  #2  
Old 12-30-2012, 04:21 AM
firhill firhill is offline
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Quote:
Originally Posted by mr.mom View Post
Hello,
My gf wants to move in with me in my town which is almost an hour from where she currently lives, and she of course wants to move her kids here. Her ex is blocking the move unless she revises their separation agreement to 50/50 access. Their agreement states that either parent has to give the other 30 days notice prior to moving, but doesn't outline anything about the kids moving.

How should she go about this? Should she give the 30 days notice and tell him to file a motion if he disagrees, or should she file a motion seeking permission to move the kids?

So other than my question about how she should proceed, What do you think her chances are of succeeding if this went to court?

File the motion. If she unilaterally moves (them) then she will be in contempt of court order.

No idea if she'd succeed. That's up to the Judge.

Quote:
Originally Posted by mr.mom View Post
Hello,
Her ex is blocking the move unless she revises their separation agreement to 50/50 access.

This move would actually benefit her ex but of course he is blocking it unless he gets something out of it.
C'mon. Really?

It's not her place to decide what does and doesn't benefit the children's Dad. She sounds like she'd say anything...as long as it benefits her ONLY.

Dad's already told her what he feels will benefit him if she moves...that he get 50/50 access and equal parenting time with his children.

What's wrong with his offer anyway?

She wants "something out of it", so he's only asking he get something too.
  #3  
Old 12-30-2012, 07:46 AM
standing on the sidelines standing on the sidelines is offline
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gotta agree with the other posters. If moving is such a benefit to Dad (and the way you describe it, seems to be) then why give him 50/50 now seeing as it is more workable with them being closer together?
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Old 12-30-2012, 07:50 AM
Berner_Faith Berner_Faith is offline
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I tend to agree with the above two posters... Your gf wants to move to benefit her but doesn't want to give the ex 50-50 custody which would benefit the children and her ex? What is wrong with his offer? If she will be closer to him that allows him more access. To me your gf is being a little unreasonable. Is it safe to say that if ex has 50-50 that she would have to pay him CS?

Also, if she unilaterally moves the children without his consent or court order he can seek to have the children returned to their original jurisdiction.
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Old 01-01-2013, 12:48 PM
mr.mom mr.mom is offline
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Actually, she is not opposed to 50/50. That part is complicated and has to do with his hours of work and last minute call ins (where would the kids go?) At this point 50/50 won't work, it will say 50/50 on paper but my gf would have the kids all the time.

Believe me, I am going though a hell of a time with my separation, when I learned how reasonable she is, I was envious lol.

She doesn't ask for the full tabled amount because she doesn't need it. She has given her ex money to take the kids on a trip (who knows wht he does with his money) She pushes him to take the kids more, but he refuses to. When she asks the ex if he can take the kids an extra day, he wants it as a trade, not an extra day. I ,from my perspective, think he is asking for 50/50 so he doesn't have to pay support.

He will eventually get 50/50, when he gets more stable and able to, if he actually wants them 50%
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