Motion filed for temporary order to move

[nolegaleagle]

What is the name of your state? NJ/CT/NC

Background: My husband (English Citizen) and his ex (U.S. Citizen) lived in England, she left England with child and moved to CT. My husband left England and moved to NJ because it was the only place he could get a job. He's been driving eow to CT for 7 years for visition. At one point his ex moved an additional 1.5 hours away. He does 90% of the travel.

Problem: The ex has filed a motion requesting the court to allow her and their daughter to move from CT to NC. He has a lawyer and they have been working with Family Services to work out a fair parenting plan. Unfortunately, they could't agree and now the case is being referred to Middletown. Which means about $50,000 in lawyers fees and experts and evaluations.

The ex's new husband has already moved to NC and drives back eow to CT to visit with wife, step-daughter and daughter. Now the ex has filed a motion asking the court to allow them to temporarily move to NC until the case is heard. The motion says that they'd like to termporaily move because it's in the best interest of the daughter and step-daughter(my husband's daughter) because they do not get to see their Dad and Step-Dad (ex's new husband) and that the eow visits with my husband are disruptive to their schedule and that by allowing them to move would eliminate them.

Question: Is there any chance a judge will rule in her favor? It sounds like his ex is saying that the relationship with the step-dad is more important that the one with her father. He's never missed a weekend, ever.

 

[Just Blue]

What is the name of your state? NJ/CT/NC

Background: My husband (English Citizen) and his ex (U.S. Citizen) lived in England, she left England with child and moved to CT. My husband left England and moved to NJ because it was the only place he could get a job. He's been driving eow to CT for 7 years for visition. At one point his ex moved an additional 1.5 hours away. He does 90% of the travel.

Problem: The ex has filed a motion requesting the court to allow her and their daughter to move from CT to NC. He has a lawyer and they have been working with Family Services to work out a fair parenting plan. Unfortunately, they could't agree and now the case is being referred to Middletown. Which means about $50,000 in lawyers fees and experts and evaluations.

The ex's new husband has already moved to NC and drives back eow to CT to visit with wife, step-daughter and daughter. Now the ex has filed a motion asking the court to allow them to temporarily move to NC until the case is heard. The motion says that they'd like to termporaily move because it's in the best interest of the daughter and step-daughter(my husband's daughter) because they do not get to see their Dad and Step-Dad (ex's new husband) and that the eow visits with my husband are disruptive to their schedule and that by allowing them to move would eliminate them.

Question: Is there any chance a judge will rule in her favor? It sounds like his ex is saying that the relationship with the step-dad is more important that the one with her father. He's never missed a weekend, ever.

It's written just like this???? If I were the judge I would slap her silly...figuratively speaking...

 

[nolegaleagle]

Yes, that is how is was written by her lawyer. I couldn't believe it when I read it, but then I thought maybe I was just to personally involved to read it without bias.

 

[JBMD]

Well, she definately stuck her foot in her mouth on that one. HOWEVER, I would have hubby discuss with his lawyer about filing for custody. If a temporary move is allowed there will be less chance that a judge would make them move back as they'd be established in NC and she'd have already changed schools.

It's hard to say, because legally he won't be able to restrict her to living in CT when he himself doesn't live there. However, I do think that dad should ask for the max on visitation.


In my case, I lived in MD and ex in VA. She moved to OK (1400 miles away), I took it to court and was told to eat rocks, since i didn't live in VA, I couldn't restrict her to! It's different from case to case, but dad should look to get MAX visitation, as was discussed before. Hope for the best, prepare for the worst!

In your case it will look good for dad that mom is SO OVER CONTROLLING!!! I would point that out to the judge at this "moving" hearing. That she doesn't want him to be a part of her life and your afraid that if she moves to NC, there will be no hope in seeing her!
If the temporary move is approved, ask then for the visitation that you want, though "temporary" the judge should allow what you were asking!! Then when mom doesn't allow visitation it will show judge that she in uncooperative and may give dad a better chance for a change of custody!! Just my thoughts and something to think about ... not legal advice!!!

 

[Just Blue]

Yes, that is how is was written by her lawyer. I couldn't believe it when I read it, but then I thought maybe I was just to personally involved to read it without bias.

Has he considered going for custody? It's pretty obvious that Mom wants to discourage a relationship between the child and him...probably so the step-dad can "take his place"...Just something to think about...

 

[nolegaleagle]

Since the case wasn't resolved in Danbury, it's being referred to Middletown. Since it's being referred, it's now turning into a custody case. I'm just not sure he'll win custody though. He's a great Dad, and his ex has been nothing but difficult with regards to the father/child relationship. She's very good at getting what she wants and she's not afraid of doing whatever it takes to get her way. Even at the expense of her own daughter.

Do you think a judge will let her move on a temporary basis?

 

[GrowUp!]

Now the ex has filed a motion asking the court to allow them to temporarily move to NC until the case is heard. The motion says that they'd like to termporaily move because it's in the best interest of the daughter and step-daughter(my husband's daughter) because they do not get to see their Dad and Step-Dad (ex's new husband) and that the eow visits with my husband are disruptive to their schedule and that by allowing them to move would eliminate them.

First of all, the "best interest" is a legal determination made by the Court. That's the first problem. Too many parents think that THEY determine the best interest. Secondly, if an actual attorney wrote this AND filed it, then the attorney is a freaking Moron (yes, with a capital "M") because any attorney worth their salt knows better.
What dad needs to do is file a response to this motion and Motion the court to dismiss the other parent's motion, citing the "best interest" considerations most likely listed in state statutes, plus the other parent is attempting to alienate the children from their father and interfere with his parental rights and relationship with his children (to name a few). Then file a separate motion for sanctions against the ex for filing a frivolous motion. Then ask for a restraining order barring the children from leaving the state at all.

Or you can file for custody, as other posters suggested. Whatever you do, a response must be filed or he could lose.

 

[nolegaleagle]

JBMD, this is the parenting plan that was on the table:

This is what Family Services recommended:

1. Dad gets from 3 days after school lets out, through the 1st week in August (roughly 8weeks).
2. Mom gets 3, non-consecutive weekends in NJ during the summer visit.
3. Dad gets Spring break, in NJ from the day school lets out until the Friday before school resumes (roughly 7 days) and it will never include Easter.
4. Dad gets President's day weekend, in NC. However, this holiday isn't on the school district's calendar every year.
5. Dad gets fall break every-other-year, in NJ. However, this week isn't on the school disctrict's calendar at all.
6. Every other Thanksgiving in NJ from Thursday - Sunday.
7. Every other Christmas in NJ for 1/2 of the school break (roughly 5 day).

This is what Dad requested:

1. He was fine with the summer break, but asked that the Mom's visit happen during the week since she doesn't work. He offered 3 full days each visit, instead of the 2 that Family Services recommended.
2. He asked to be given ****** Luther King weekend, since it is on the school district's calendar every year.
3. He asked to have a week added in the summer, every other year, since it isn't on the school district calendar.
4. He asked to visit with his daughter the weekend before or after her birthday.
5. He asked to visit with his daughter if he was in the area on business.

His ex didn't like the idea of the 8-weeks in the summer and asked for another review from Family Services. The head of family suggested that the 1st year she should have 1, 7-day visit and another 3-day visit. She took that to mean 1, 7-day visit and two three day visits.

She also didn't like the week in summer in lieu of the fall break and swapping, President's Day for ****** Luther King Day.

What type of parenting plan do you have and who pays for the transportation?

 

[nolegaleagle]

GrowUp: I couldn't believe what I was reading. I cant' believe they are going to put that in front of a judge. My husband's lawyer didn't suggest any of the things that you suggested. I like your ideas though and am going to suggest them to him. He's a good lawyer, but he's not aggresive.

That was only one of 3 motions she filed. The 2nd motion was to change the payment arrangements for the GAL. Right now they split the fees, she wants my husband to pay all of them. The 3rd motion, was a contempt motion because he's been taking his daughter to our home in NJ during their visits. Their agreement stipulates that in order for him to bring her back to NJ, a 48 hour visit in NJ is required. This was put in the agreement, so that if he picked her up on a Saturday, instead of a Friday, he wouldn't drive 4.5 hours each way with her. Of course, his ex thinks it means that they have to be in the state of NJ for 48 hours. I don't know how a judge will rule on it, but even Family Services said it wasn't fair to my husband or his daughter to spend the weekend in a hotel.

 

[GrowUp!]

GrowUp: I couldn't believe what I was reading. I cant' believe they are going to put that in front of a judge. My husband's lawyer didn't suggest any of the things that you suggested. I like your ideas though and am going to suggest them to him. He's a good lawyer, but he's not aggresive.

Anyone can file anything in court. Whether it has any legal standing is another story. The attorney should know how to properly respond. One thing his attorney should be doing is askign the other parent to pay for the costs and attorney's fees associated with that BS filing. I would think NJ statutes or rules of procedure have language addressing parties who waste the court's and attorney's time with filing frivolous garbage. And IMO, that motion is frivolous.

That was only one of 3 motions she filed. The 2nd motion was to change the payment arrangements for the GAL. Right now they split the fees, she wants my husband to pay all of them. The 3rd motion, was a contempt motion because he's been taking his daughter to our home in NJ during their visits. Their agreement stipulates that in order for him to bring her back to NJ, a 48 hour visit in NJ is required. This was put in the agreement, so that if he picked her up on a Saturday, instead of a Friday, he wouldn't drive 4.5 hours each way with her. Of course, his ex thinks it means that they have to be in the state of NJ for 48 hours. I don't know how a judge will rule on it, but even Family Services said it wasn't fair to my husband or his daughter to spend the weekend in a hotel.

Family Services needs to mind their own business and worry about children who really DO need help. The ones you usually hear about when it's too late because the agency is known for having their priorities outta whack.

 

[LdiJ]

JBMD, this is the parenting plan that was on the table:

This is what Family Services recommended:

1. Dad gets from 3 days after school lets out, through the 1st week in August (roughly 8weeks).
2. Mom gets 3, non-consecutive weekends in NJ during the summer visit.
3. Dad gets Spring break, in NJ from the day school lets out until the Friday before school resumes (roughly 7 days) and it will never include Easter.
4. Dad gets President's day weekend, in NC. However, this holiday isn't on the school district's calendar every year.
5. Dad gets fall break every-other-year, in NJ. However, this week isn't on the school disctrict's calendar at all.
6. Every other Thanksgiving in NJ from Thursday - Sunday.
7. Every other Christmas in NJ for 1/2 of the school break (roughly 5 day).

This is what Dad requested:

1. He was fine with the summer break, but asked that the Mom's visit happen during the week since she doesn't work. He offered 3 full days each visit, instead of the 2 that Family Services recommended.
2. He asked to be given ****** Luther King weekend, since it is on the school district's calendar every year.
3. He asked to have a week added in the summer, every other year, since it isn't on the school district calendar.
4. He asked to visit with his daughter the weekend before or after her birthday.
5. He asked to visit with his daughter if he was in the area on business.

His ex didn't like the idea of the 8-weeks in the summer and asked for another review from Family Services. The head of family suggested that the 1st year she should have 1, 7-day visit and another 3-day visit. She took that to mean 1, 7-day visit and two three day visits.

She also didn't like the week in summer in lieu of the fall break and swapping, President's Day for ****** Luther King Day.

What type of parenting plan do you have and who pays for the transportation?

Even though fall break isn't on the calendar in NC....its likely that there is some other holiday that is on the calendar that could replace fall break.

You want to make sure that the child has SOME time during the summer at mom's even if its only a little bit. As she gets older she is going to want at least a little bit of summer time with her friends. It really can start to get problematic as kids get older.

 

[nolegaleagle]

I agree that his daughter should spend some of her time in the summer with Mom and sister. I can't imagine what it would feel like for her to not be with them. First my husband suggested three additional weekends to make up for the lost fall break, but was declined, which is why he asked for the additional week in the summer.