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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 05-04-2010, 02:42 PM
Pharah Pharah is offline
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Exclamation My Ex filed a Motion to stop us from moving

I have a case conference at the start of next week and my ex just served me today with a 14B motion trying to stop me from moving into my son's school district, close to where she lives.

There is no restraining order and the reason she has listed w3e did not provide her with enough notice. She was served on a case brief on Monday that detailed our new address and our intension to move on May 15th, although we have our current apartment until the 30th.

According to everything I have seen, we have until 7 days after moving to advise the other party. Is that correct? Will the court stop us from moving because of a lack of notice?

She lives 800 meters from our new house.

Thanks in advance for your help.
  #2  
Old 05-04-2010, 02:50 PM
ONdad ONdad is offline
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With no restraining order I think she'll have a hard time preventing you from moving closer.
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Old 05-04-2010, 03:46 PM
billiechic billiechic is offline
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Unless there is a restraining order, or she can prove that you are a current threat (and thus obtain a RO) then she has no case to stop you. Even if there is an RO, the judge is unlikely to prevent you form moving close to your son. You have given adequate notice of your move.

FWIW, I know a woman who was seriously abused by her ex and moved across the country to get away. Guess where he lives now? On the street behind her.
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Old 05-04-2010, 04:43 PM
Pharah Pharah is offline
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Thank you so much for providing me with your experiences. Much appreciated!
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Old 05-04-2010, 05:42 PM
standing on the sidelines standing on the sidelines is offline
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I am amazed that she is trying to stop you from moving closer. Unless there is a valid legal reason why you have to keep away then she cannot stop you from doing anything.

Seems kind of funny (not suspicious or anything like that) all the posts that say the NCP is trying to stop the CP from moving farther away, I think this is the first time I have seen the CP trying to stop the NCP from moving closer.
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Old 05-04-2010, 06:59 PM
Pharah Pharah is offline
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I guess that is part of the problem. She is not the CP, we currently have joint/share custody and access one week on, one week off. She applied for sole custody after finding out I was involved with someone who had been a close family friend for years.

The only reason for the motion was that we only gave her 10 days notice (even though it was technically 12), even though she has known for months that we planned to move up to the area (and I have an email to prove it).
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Old 05-04-2010, 07:05 PM
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dadtotheend dadtotheend is offline
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Quote:
Originally Posted by standing on the sidelines View Post
Seems kind of funny (not suspicious or anything like that) all the posts that say the NCP is trying to stop the CP from moving farther away, I think this is the first time I have seen the CP trying to stop the NCP from moving closer.
No kidding! Sounds fishy to me.
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Old 05-04-2010, 07:07 PM
Pharah Pharah is offline
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The case conference is on Friday, I will keep you all posted.
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Old 05-04-2010, 07:43 PM
Mess Mess is offline
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She can't stop you from moving. You are free to move anywhere you like.

What she can do is stop you from moving the child's residence. But it would be beyond absurd to stop you from moving the child's (alternate) residence closer to her residence.

She also can't stop you from moving the child further away, unless she shows a reason. She can't arbitrarily say no (unless this is written in a previous order?) If it was in a previous order, there must be limitations to the order, ie the order can't stop you from moving across the street to a larger house for example. The intent of these orders maintain access for the parent without unreasonable amount of travel.

The situation you are describing at face value is insane. Which doesn't mean she isn't crazy of course. She can file an application for just about anything, that doesn't mean she has a snowball's chance.
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Old 05-04-2010, 09:03 PM
Pharah Pharah is offline
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To answer your questions Mess, there has never been a court order. When we separated in 2008, we had been on good terms and didn't put anything in writing or go to court.

I really hope the court feels as you do. Thanks everyone for making my day a little less stressful.
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