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  1. #1
    Garin Storm Guest
    I live in California with my sons, aged 12 & 10. I have been out of work for 9 months and have an opportunity to get a job with an airline with flight benefits in Utah.

    My ex wife and I have Joint Legal custody. I have physical custody and they live with me. The divorce papers prevent me from leaving the state without permission from my ex wife. She will not let me take them to Utah even though I offered to fly them back to California so they could continue to vist their mom roughly every other weekend. My sons want to move to Utah with me to live and to go to school. What are my options? How much weight will my sons desire to move to Utah carry with a judge? I would rather work something out with my ex wife, but she won't listen. I cannot afford to continue living in California, and Provo has excellent schools, better than in Los Angeles. I need to get back to work soon. What are my chances that if this gets dragged into court, the judge will let my sons move to Utah? I will not leave them behind. (I won't risk simply leaving with them and be in contempt of court. I also have family in Provo.
  2. #2
    Ambr is offline Senior Member
    Join Date
    Jan 2001
    Location
    Arkansas
    Posts
    1,967
    GOTTA WARN YOU! THIS IS A LONG ONE!!!!!!

    -------------------------
    To provide notice of your intended move, you should use the following form:

    (1) Notice of Intended Relocation of Children (WPF DRPSCU 07.0500)

    If you do not now know all of the information asked for in the form, fill out what you can. For example, if you do not know the exact street address but do know the city and state, list the city and state. You have an ongoing duty to promptly update the information asked for in the notice, as it becomes known.

    If, because of the move, you want a new Parenting Plan or Residential Schedule, you should use:

    (3) Parenting Plan (Proposed) (WPF DR 01.0400 or PS 01.0400), or
    (4) Residential Schedule (Proposed) (WPF PS 01.0450 or CU 01.0450)

    Fill out each form listed above that you need. Make sure you have filled in all of the blanks, unless you are asking the court to not have to supply all of the information. Sign each document in ink. Make photocopies of the completed, signed documents. Keep track of which ones are your originals that are signed in ink and which ones are the photocopies.

    Step 2: Give advance notice to the other party.

    In a legal proceeding, sooner or later you must tell the other party about the case. In a relocation action, you need to let the other parent and any other parties know you are planning to move before you move with the child. How you let the others know, and how many days before the move you tell about the move will depend on your situation.

    At least 60 days' advance notice needs to be given before you move unless:

    You find out about the intended move less than 60 days ahead of when the move will take place. In that case, you must give notice no more than five days after you find out about the move.
    You are moving to avoid a clear, immediate and unreasonable risk to the health and safety of a person or the child. In that case, notice may be delayed for 21 days.
    You are entering a domestic violence shelter due to the danger posed by another person. In that case, notice may be delayed for 21 days.

    you must have the other party served. One way is to use personal service. A responsible adult other than you delivers a photocopy of each completed form to the other party. If the other party is not home when the papers are delivered, the papers may be served by leaving them with any other responsible person who lives with the other party. The other way to serve the papers is to have a responsible adult other than you mail the copies by any form of mail requiring a return receipt.

    Step 3: Provide a way to prove you let the other parent and parties know about the move.

    Later in your case you may have to prove you gave advance notice to the other parent and other party. It is a good idea to now prepare the papers that will prove you gave notice. If the other party was served by personal service or by mail with a return receipt, you should use this form:

    (1) Return of Service (Notice of Intended Relocation of Children) (WPF DRPSC 07.0600)

    The person who served the other party completes and signs this form.

    If you used actual notice, you may use:

    (1) Declaration of ____(your name)____ (WPF DR 09.0100)

    You should write how, when, and where you gave notice to the other party.

    Step 4: (optional). Go to court for an order allowing you to move during the objection period.

    The other party will have 30 days to object to the move after being served with notice of the move. Normally, you cannot move during the objection period without a court order unless special circumstances exist. If you want a court order that allows you to move during the 30-day objection period, you will also need:

    (1) Motion/Declaration for an Ex Parte Order Allowing Change of Children's Principal Residence (WPF DRPSCU 07.0800)
    (2) Ex Parte Order re: Change of Children's Principal Residence (Relocation) (WPF DRPSCU 07.0830)

    Make at least one photocopy of each of these documents. Take the originals and the photocopies of them to the courthouse. You will need do attend a session of court called "ex parte." Ask your local county clerk's office for the ex parte hearing times in your county, the procedure you need to follow to present the documents, and whether there is a fee for filing the documents. Carefully follow the instructions given by the clerk. Remember to stamp your copies of the documents you file or give the judge.

    Step 5: File the originals of the completed forms in the clerk's office.

    You should have the completed, signed originals of the Notice of Intended Relocation of Children, and either the original Return of Service or Declaration, and if applicable, the Parenting Plan or Residential Schedule. Take those documents and at least one photocopy of each of them, to the clerk's office for filing. Remember to stamp your photocopies with the clerk's stamp to help prove you filed the documents.
    ---------------------------------------------

    If the other party objects you may be served with:

    (1) Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule (WPF DRPSCU 07.0700)
    (2) Summons (Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule) (WPF DRPSCU 07.0720)
    (3) Parenting Plan (Proposed) (WPF DR 01.0400 or PS 01.0400), or
    (4) Residential Schedule (Proposed) (WPF PS 01.0450 or CU 01.0450)


    You must respond to the Objection/Petition. If you do not respond, the court may enter a default judgment against you and enter an order restraining the move and modifying the Parenting Plan/Residential Schedule. To respond to the Objection/Petition you must use the following forms:

    (1) Response (Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule) (WPF DRPSCU 07.0730)


    You must file your original Response with the court and serve a copy on the other party within 20 days.

    If the other party wants to keep the child from moving, at least temporarily, you may be served with a notice scheduling a hearing and

    (1) Motion/Declaration for Temporary Order Restraining Relocation of Children (WPF DRPSCU 07.850)


    If the hearing to restrain (prevent) the move is scheduled for a date that is not more than 15 days after service of the Objection/Petition, you cannot move the child until the hearing, unless you are relocating to avoid a clear, immediate and unreasonable risk to the health or safety of a person or the child.

    If you want to respond to the motion for the temporary order, you can use

    (1) Declaration of __________ (WPF DR 09.0100)


    You may use this form to respond to the statements made by the objecting party in the Motion/Declaration for Temporary Order Restraining Relocation of Children.
    You may also have others fill out declarations stating their personal knowledge of the facts you want the court to know about the relocation and why the relocation should be allowed. You will also need to attend the hearing.

    If you receive an Objection/Petition during the objection period but the objecting party does not schedule a hearing and you want to move, you may schedule a hearing and ask the court to allow the move using this form:

    (1) Motion/Declaration for Temporary Order Permitting Relocation of Children (WPF DRPSCU 07.0870)


    Check with your county clerk or superior court administrator's office to find out when and on which court calendar you should schedule the hearing to get the court's approval to move. Also, check with your county clerk or superior court administrator's office for local rules, procedures and practices that may apply to you.

    At the court hearing, the court will decide whether the move will be allowed or denied on a temporary basis. It is a good idea to bring the order already filled out for the judge's or commissioner's signature. The court can make changes to your order before signing it, if needed. Complete this order and bring it to the hearing:

    (2) Temporary Order Re: Relocation of Children (WPF DRPSCU 07.0870)


    If necessary, the court will schedule a final hearing, or the court may direct you or the other party to schedule a final hearing on the relocation.
    ---------------------------------------

    here are some links for a sample form. They are washington links, but the basics are the same in them. Just change a little of the wording. WASHINGTON has the BEST breakdown on the forms and information that is needed. They are also formated with the Uniform child act and work in other states pretty well. I don't know how they will do in California, but it will give you an idea.
    ----------------------------------------

    COVERSHEET
    [url]http://www.courts.wa.gov/forms/formdisp.cfm?filename=cover[/url]

    PROPOSED PARENTING PLANS
    [url]http://www.courts.wa.gov/forms/formdisp.cfm?filename=dr1_0400[/url]

    NOTICE OF INTENT TO RELOCATE
    [url]http://www.courts.wa.gov/forms/formdisp.cfm?filename=DrPsCu7_0500[/url]

    RETURN OF SERVICE
    [url]http://www.courts.wa.gov/forms/formdisp.cfm?filename=DrPsCu7_0600[/url]

    SUMMONS (Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule)
    [url]http://www.courts.wa.gov/forms/formdisp.cfm?filename=DrPsCu7_0720[/url]

    Motion/Declaration for Temporary Order Permitting Relocation of Children
    [url]http://www.courts.wa.gov/forms/formdisp.cfm?filename=DrPsCu7_0870[/url]

    Motion/Declaration for Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation)
    [url]http://www.courts.wa.gov/forms/formdisp.cfm?filename=DrPsCu7_0950[/url]


    ----------------------------
    Hope this helped. Sorry that it is so long!


  3. #3
    nicermom Guest
    Garin,
    I also am in a similar, very similar situation.
    I want to move to Utah. My family lives in Orem. I currently live in another state. My ex moved away to a different state after the divorce.
    I am going through a custody battle right now with my four kids because my ex does not want me to move. He's already moved, so go figure.
    It is hell and the court battle is just that. A battle. Be prepared to go to court and fight. Document everything. Prove you have never kept the kids from their mom and you are willing to do all you can to keep them in contact with her.
    I don't think you should have a problem if you are paying for them to fly back to see her. Offer her a great visitation schedual and maybe less childsupport then what she is paying now.
    I have tried this also, but my ex is BENT out of shape about me wanting to move home to Utah.
    Good luck and if we both get to move, maybe I'll run into you at a cougs game. Or of course maybe at Chuck o' rama!

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