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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 08-19-2021, 12:19 AM
Kevin12345 Kevin12345 is offline
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Default Change of location

My ex wife recently moved and changed the schooling for all of our kids without any warning and notified last minute just now couple weeks before school. We have sent quite a few letters asking what she would do with the kids but no reply until now. This move is to a different city. We have been separated under a year with nothing started yet in court. Case conference in couple months. I believe she’s taking advantage of covid maybe cause the courts are backed up and no urgent motion can be done?

What are my options or any advice? Our lawyer is not being helpful and is saying the courts are backed up. I’ve been with this lawyer a year and it seems too late to change. The ex has had the kids for the year mainly controlling the access against my will giving minimal access. However due to covid the school was the same in our original city as it was online.
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  #2  
Old 08-19-2021, 09:58 AM
arbortrail22 arbortrail22 is offline
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How often do you have the kids?

We received approval for an emergency motion in less than 2 business days this month.
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Old 08-19-2021, 11:36 AM
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Tayken Tayken is offline
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Originally Posted by Kevin12345 View Post
My ex wife recently moved and changed the schooling for all of our kids without any warning and notified last minute just now couple weeks before school. We have sent quite a few letters asking what she would do with the kids but no reply until now. This move is to a different city. We have been separated under a year with nothing started yet in court. Case conference in couple months. I believe she’s taking advantage of covid maybe cause the courts are backed up and no urgent motion can be done?

What are my options or any advice? Our lawyer is not being helpful and is saying the courts are backed up. I’ve been with this lawyer a year and it seems too late to change. The ex has had the kids for the year mainly controlling the access against my will giving minimal access. However due to covid the school was the same in our original city as it was online.
Immediately file and emergency motion for the return of the children to their school. You need a mobility expert as a lawyer. If they have never done a mobility case then get a lawyer who has.

Search my posts. I have main threads exclusively on the wrangling of schools and mobility. The odds are in your favor if you act swiftly and put forward an emergency motion. But, you are going to need a qualified lawyer who knows what they are doing.
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Old 08-19-2021, 12:36 PM
Kevin12345 Kevin12345 is offline
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Thanks guys. Waiting on principal of the newer school to get back to me as they said they wouldn’t let it go through. If they confirm I won’t file a motion.

Have kids standard low ball play of eow and one day. They have been splitting vacation holidays evenly though which doesn’t make sense why I couldn’t get 50 50 for other times. Will post update after. Thx again.
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Old 08-19-2021, 12:52 PM
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Thanks guys. Waiting on principal of the newer school to get back to me as they said they wouldn’t let it go through. If they confirm I won’t file a motion.
The school technically should not accept the transfer without your consent. Good that the principal realizes this and is following the process.

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Have kids standard low ball play of eow and one day. They have been splitting vacation holidays evenly though which doesn’t make sense why I couldn’t get 50 50 for other times. Will post update after. Thx again.
Any lawyer worth their weight would have not allowed you to consent to EOW and pressed for 50-50 and then brought an application if the other party wasn't willing to settle on 50-50. Unless you are a monster of a parent 50-50 is easily awarded by the courts these days.
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Old 08-19-2021, 01:51 PM
arbortrail22 arbortrail22 is offline
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How far away is the school from your current home? Can you leverage the school change in exchange for 50/50?
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Old 08-20-2021, 12:45 AM
Kevin12345 Kevin12345 is offline
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It’s about 40 min away or more during rush hour. I doubt I could get 50 50 to work without moving. Just waiting for principal to reply then go from there. I don’t have much else going for me.
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Old 08-20-2021, 09:01 AM
arbortrail22 arbortrail22 is offline
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If you haven't already, I would have your lawyer send a letter saying that you will fill an emergency motion regarding the change of school and that you will seek all costs related to this motion. That should put her in her place a bit. Spend the money now on the motion otherwise you will be fighting the secondary consequences for years.

This happened to a friend of mine. The new school became status quo and then he couldn't get the kids out of the school. Had to move to the new town as the mother or would lose 50/50 access since the daily school commute was too long. Its step one in you not getting 50/50.
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Old 08-20-2021, 07:19 PM
Alpinist Alpinist is offline
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100 percent what arbortrail wrote. I was in this scenario with my partners step children. My partner did not act quick enough and ended up with every other weekend custody with the ex in another city. What age are the children? I think a lot depends on their age. I would fight hard and act quickly. I would get a new lawyer if your current one doesn't understand the urgency, mobility lawyer as was mentioned.
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Old 08-30-2021, 08:50 PM
Kevin12345 Kevin12345 is offline
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So the new schools principal denied their registration as it should be. What would happen if I keep the kids at my place now since school would be here and she has no option to take care of the kids? Anyone have experience in this situation? I’d keep them here for school and then send an offer for 50/50 access. Would the cops be involved? Is there anything in the new legislation mentioning a de facto custody due to having them for a year? Any advice appreciated as my lawyer is just agreeing to it.
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