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Old 05-14-2009, 10:49 AM
Mouse_117 Mouse_117 is offline
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Default Relocation/Mobility Issue

I am a partener to a person who is currently going through a court battle with his ex over mobility of their 6 year old daughter. I will try to keep this story as short as possible but there is alot to explain so will put it in point form and hope it makes sense!

- Parents were married for three years
- Separated in January 2007 with Dad leaving the matramonial home as he left the wife
- Child was almost 3 years old at time of leaving
- Dad kept and maintained contact with child after separation spending full days thought the week with her as well as every other weekend.
- Parents entered into a Separation Agreement in February 2008 which stated shared/joint custody, 50/50 residence, no child support with expenses shared and that the child was not to be moved out of the city they lived in.
- In 2006 Mom took a job with an hours commute, but still agreed to the mobility clause in 2008
-Mom meets new boyfriend in February/March 2008 who lives an hour away where Mom works and is having a home built there.
-Mom informs Dad in March 2008 she wants to move
-Mom sends letter from lawyer in May 2008 which Dad does not agree to
-Parents go to mediation in August 2008 no resolution
-Mom files court application in December 2008 requesting an order to move
- Parties go in front of Judge in April 2009 to have a Case Conference, Judge recommends Dad allow the move but Judge did not hear all information as to current relationship/access and Mom has lied alot to make herself look hard done by.
- Dad doesn't agree so Motion Date is set for May 2009
- Between the April and May case, Dad finds out that Mom lost her job where she wanted to move and they own a home in both cities meaning they could live here still as she will have to find new employment either way.
-Mom asks that May case is adjourned for the parties to try to settle, Dad agress now waiting for court date in June 2009 and Mom doesn' t want a four way meeting or to send any new offers.

Other things to know:
- Dad has child every other weekend from Friday to Tuesday, every other Wednesday for 2-3 hours, every Thursday morning and every other Monday that are not his weekends from Monday morning till Tuesday morning.
-Mom has refused extra access many times
-Mom claims Dad pays for nothing but he pays for half of daycare, extra activites and major clothing when she provides reciepts. Dad also allows Mom to claim all govenrnment funds which he is intitled to half of.
-Dad is very involved being the one who takes the child to school all but two days a month when Mom takes her and that is only recently
-After the first Judges reaction Dad asked Mom about an offer to settle with child being allowed to move but Dad's access being made up
-Mom is be unreasonable not wanting to give up "her time" as Dad asked for 3 out of 5 weekends, 4 weeks in summer and half of Christmas and March break, no child support, shared expenses, joint custody and a half way point for travel.
-Mom is offering every other weekend, 3 weeks summer, half of Christmas and March Break, long weekends going to whoever has child that weekend, no child support ONLY if DAD does ALL the driving, and if not she wants child support.

We are now at a stand still because she put off the court date till June. She is saying because he said they could try an offer to settle that he agreed to the move so she can move the child anyways. Is this true? Nothing was signed and no order was placed PLUS Dad has found new information about Mom losing her job since he talked about an offer to settle.
From experience what do you think our odds are if we go to the next Motion Date and try to fight the relocation?

Sorry so long..
Thanks in Advance
Old 05-14-2009, 07:18 PM
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billm billm is offline
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That is so upsetting. Who the hell does she think she is? She is totally in the wrong and any changes to the agreement should put the burden on HER and her alone. What a selfish xxxxx! She has a child with 50/50 custody with someone else. They should live as close to each other as possible. The judge is crazy and perhaps biased toward the mother - how the hell can two people raise a child when they live one hour apart????? The mother has no moral fibre.
Old 05-14-2009, 08:23 PM
Mouse_117 Mouse_117 is offline
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We were rather shocked at the Judges reply as well especially after all the information we had provided about the Mom being controlling, manipulative and denying access already. This is what makes us think that the Judge didn't read or recieve all the information to this case.
I feel bad for my partner but even worse for the child as I see how close her and her Dad are and it's going to effect her being taken away from him like this.
I agree.. no moral fiber and no thoughts to how this will effect the child.. only what she wants not what the child wants.
How is it that the children always seem to get lost in the legal systems? And then people wonder why we have so many messed up people in society..
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