notice of intent to relocate

[fliscity]

What is the name of your state (only U.S. law)? MO.
I have full legal and physical custody of 2 children. Their father lives in Texas and has some visitation rights. I am wanting to move back to our home country where we are all from. I sent him a notice of intent to relocate and he filed a motion to stop me. I withdrew as I do not want chance of losing custody during a hearing. Can I just keep sending these letters of intent until he lets me go? If he refuses to accept and sign for the letter, what then?

 

[CJane]

Where is your home country? What are your plans for allowing Dad the same contact he's allowed now? (Remember, YOU will foot the bill).

If you send the letter CRR as directed by statute, 60 days (or more) prior to relocation and Dad does not sign for the letter/it comes back to you, you need to send him ANOTHER letter same deal. If THAT one comes back, send a THIRD letter. If THAT one comes back, take all 3 to the courthouse and have them included UNOPENED in your case file. He'll have a hard time claiming you moved w/out notice.

Do your children have dual passports? Do they have passports at all? Do you have a notarized statement from Dad that allows you to travel out of country with the children?

 

[fliscity]

Home country is New Zealand. The children have dual passports. Since the boys have a plane ride to get to him now, he dosn't see them very often. He does have the summer. I am suggesting to him that he go back home too where he can be way more involved with the boys. He is a car salesman and can do that anywhere . He currently lives in an RV. Or I can bring them back here for the summer. Is there any reason why I can't just keep sending these letters till he dosn't file against?

 

[CJane]

Home country is New Zealand. The children have dual passports. Since the boys have a plane ride to get to him now, he dosn't see them very often. He does have the summer. I am suggesting to him that he go back home too where he can be way more involved with the boys. He is a car salesman and can do that anywhere . He currently lives in an RV. Or I can bring them back here for the summer. Is there any reason why I can't just keep sending these letters till he dosn't file against?

Well, sure. They have like a 2 hour flight to see him now. NZ is like TWENTY hours.

He doesn't have to move to make YOU happy.

You can send the letters all day long - but here's the deal. All he has to do is file to prevent the relocation and you withdraw, case is dismissed, and you send another letter.

Eventually you're harassing him and he sues you for the filing/attorney fees.

If you really think it's in your KIDS best interests to move to the other side of the world, prove it in court.

 

[Ohiogal]

Home country is New Zealand. The children have dual passports. Since the boys have a plane ride to get to him now, he dosn't see them very often. He does have the summer. I am suggesting to him that he go back home too where he can be way more involved with the boys. He is a car salesman and can do that anywhere . He currently lives in an RV. Or I can bring them back here for the summer. Is there any reason why I can't just keep sending these letters till he dosn't file against?

Along with what CJANE said, you also tick off the court. The court will eventually sanction you for your filings. Why not be an adult about the whole thing and start living your life here since here is where the boys live and their father lives. If you just want to harass dad, then you give him custody and you move and you have visitation.

 

[LdiJ]

I am going to disagree just a slight bit with the previous advice you received. If dad only sees the children for the summer, and you are both willing and able to foot the bill to get the children back and forth for the summer visit, its not impossible that you would be granted permission to relocate to New Zealand. You also don't automatically lose custody by asking for permission to relocate. Most judges, if they were going to deny the relocation, would not change custody unless you chose to relocate anyway.

I used to state that there was absolutely no way that someone could move out of the country and be granted permission to take the children with them. However, someone else proved to me, with case law, that quite a few parents have been granted permission to relocated to New Zealand and Australia with their children (those two countries happened to be what the case law that I was given, addressed).

So, file and follow the case through. If you are denied permission to relocate, then don't relocate. If you are granted permission to relocate, then absolutely, no matter what, honor dad's summer visitation.

 

[CJane]

I am going to disagree just a slight bit with the previous advice you received. If dad only sees the children for the summer, and you are both willing and able to foot the bill to get the children back and forth for the summer visit, its not impossible that you would be granted permission to relocate to New Zealand. You also don't automatically lose custody by asking for permission to relocate. Most judges, if they were going to deny the relocation, would not change custody unless you chose to relocate anyway.

I used to state that there was absolutely no way that someone could move out of the country and be granted permission to take the children with them. However, someone else proved to me, with case law, that quite a few parents have been granted permission to relocated to New Zealand and Australia with their children (those two countries happened to be what the case law that I was given, addressed).

So, file and follow the case through. If you are denied permission to relocate, then don't relocate. If you are granted permission to relocate, then absolutely, no matter what, honor dad's summer visitation.

SHE isn't filing anything.

She gave dad notice (per statute) that she was relocating and HE filed to stop the move. She withdrew her intent and requested that the case be dismissed as she no longer wished to relocate.

Her PLAN is to CONTINUE sending Dad notice, and withdrawing said notice if he files to stop the move, until he finally gives in and lets her/the children relocate.

THAT is what I'm advising against. Again, if she really thinks it's in the children's best interest to relocate then she'll need to prove her case in court. And DAD WILL NOT be footing ANY of the transportation expenses.

 

[Ronin]

As OG and CJane pointed out, repeatedly sending notices of intent to relocate to the father and then withdrawing them when challenged in court will only cause more problems and may eventually result in punitive actions against you by the court.

As LDiJ pointed out, it is quite possible to relocate the children to another country. However the burden will be on you to prove this move is in the best interests of the children. I would add that the the Texas Supreme Court affirmed a case in Lenz v. Lenz that allowed a German national to relocate back to Germany with her children. You should consider looking up this case online and the Relocation Factors this case raised to see to what extent these factors may apply to your situation, and to get an idea of what the courts may be looking for in order to grant a such a relocation.

That said, a contested relocation will cost a lot of time and money, with no guarantee of success. In this case it appears any attempt to move will be highly contested.

It seems that you wish to find a way to circumvent this by playing games with notices of intent to relocate, which is an ill-conceived idea on many levels.

Either find an attorney and be prepared to argue why the move is in the childrens best interests, or resign yourself to remaining in the U.S. and stop sending notices of intent to relocate, which will be construed as frivolous and made in bad faith.

 

[Ohiogal]

As OG and CJane pointed out, repeatedly sending notices of intent to relocate to the father and then withdrawing them when challenged in court will only cause more problems and may eventually result in punitive actions against you by the court.

As LDiJ pointed out, it is quite possible to relocate the children to another country. However the burden will be on you to prove this move is in the best interests of the children. I would add that the the Texas Supreme Court affirmed a case in Lenz v. Lenz that allowed a German national to relocate back to Germany with her children. You should consider looking up this case online and the Relocation Factors this case raised to see to what extent these factors may apply to your situation, and to get an idea of what the courts may be looking for in order to grant a such a relocation.

That said, a contested relocation will cost a lot of time and money, with no guarantee of success. In this case it appears any attempt to move will be highly contested.

It seems that you wish to find a way to circumvent this by playing games with notices of intent to relocate, which is an ill-conceived idea on many levels.

Either find an attorney and be prepared to argue why the move is in the childrens best interests, or resign yourself to remaining in the U.S. and stop sending notices of intent to relocate, which will be construed as frivolous and made in bad faith.

Texas Supreme Court case does not hold sway if I am reading the OP correctly. She lives in MO where the case was filed and dad moved to TX. She might get permission but she can't play games with the courts as she wants -- I agree with you that it would be construed as frivolous and made in bad faith.