banning relocation?

[424Smudge]

What is the name of your state? Az

In mediation in September Mother confirmed Fathers suspicions that mother spouse is putting in for orders out of the continental United States (Alaska or Guam) Do you think it would be wise of Father to request from the courts that an order be entered banning Mother from leaving the States for periods of 2 weeks or longer for the purpose of relocation? Mother has sole custody but has been found in contempt roughly 11 times not counting the charge that is to be filed on the 1st that includes 6 other incidents. Father is scared that if Mother leaves the country that her previous and current actions go to show that she will not facilitate visitation between him and the children. The children have already been ordered to a mediator for a court evaluation and the mediator ruled that "Mother is not assuming a sufficient or acceptable amount of responsibility in raising of the children” Father will be filing for a custody change but is waiting until the start of the new year so that the children are not pulled out of school mid-year.

 

[Zephyr]

so that the children are not pulled out of school mid-year.


well he'd better file now if he wants even a slim chance of it being done by school time next year

 

[CJane]

Father will be filing for a custody change but is waiting until the start of the new year so that the children are not pulled out of school mid-year.

Does father have any idea how long these things can drag out? I filed for a simple (language only - no physical change) modification in APRIL and we haven't even had a hearing on anything.

 

[LdiJ]

What is the name of your state? Az

In mediation in September Mother confirmed Fathers suspicions that mother spouse is putting in for orders out of the continental United States (Alaska or Guam) Do you think it would be wise of Father to request from the courts that an order be entered banning Mother from leaving the States for periods of 2 weeks or longer for the purpose of relocation? Mother has sole custody but has been found in contempt roughly 11 times not counting the charge that is to be filed on the 1st that includes 6 other incidents. Father is scared that if Mother leaves the country that her previous and current actions go to show that she will not facilitate visitation between him and the children. The children have already been ordered to a mediator for a court evaluation and the mediator ruled that "Mother is not assuming a sufficient or acceptable amount of responsibility in raising of the children” Father will be filing for a custody change but is waiting until the start of the new year so that the children are not pulled out of school mid-year.

Again, there is little to no chance that a judge will say that mom can't move the children outside of AZ, when dad already lives so far away from AZ.

Dad certainly has the right to file for primary custody, but attempting to stop a military move, when you already live so far away from the kids won't fly. Mom can be ordered to assist with the expenses for transportation however.

 

[424Smudge]

Again, there is little to no chance that a judge will say that mom can't move the children outside of AZ, when dad already lives so far away from AZ.

Dad certainly has the right to file for primary custody, but attempting to stop a military move, when you already live so far away from the kids won't fly. Mom can be ordered to assist with the expenses for transportation however.

No we are moving back to the state the day after Christmas so the issue of distance will not be an issue in that reguards. Do you think that we should wait until we move back to the state to request the motion? From what she said in Mediation her husband has not yet gotten the orders but he has put in for them. I do not expect him to get new orders until the start of the new year at the earliest.

 

[LdiJ]

No we are moving back to the state the day after Christmas so the issue of distance will not be an issue in that reguards. Do you think that we should wait until we move back to the state to request the motion? From what she said in Mediation her husband has not yet gotten the orders but he has put in for them. I do not expect him to get new orders until the start of the new year at the earliest.

Your husband should definitely wait until you reside in AZ again before attempting anything.

 

[424Smudge]

Your husband should definitely wait until you reside in AZ again before attempting anything.

He can't wait on the child support or the contempt charges. He can wait on the sole custody thing but like some people said we don't know if we will get a ruling on time. I know when mom filed she filed in late july and got a court date by september and a ruling by late october.

 

[betterthanher]

He can't wait on the child support or the contempt charges. He can wait on the sole custody thing but like some people said we don't know if we will get a ruling on time. I know when mom filed she filed in late july and got a court date by september and a ruling by late october.

You're talking about two completely different issues here.

File NOW for the contempt issues.

As instructed, it would be beneficial for you to wait until you move back. Then immediately file for custody. You won't have to worry about the child being taken out of school "mid-year". You'll be shocked how long it'll take. Because the court dragging this out is in the best interest of the child, ya know?! (that was sarcasm for those who didn't get it LOL).

 

[thetsgtswife]

It took my husband from 97-99 to get divorced and then from 97-2000 to get the child custody ruling.

These things can take alot of time so the sooner you file something the better but if you wait until you relocate you could miss out on being able to stop a move. ANd Just because you are back in the state doesnt mean that will necessarily help your complaint. The point is that the kids are already used to the distance and will be able to adapt again and mom can prove this.

On a side note, you do realize that ALASKA is not out of the country, RIGHT?


TSGTSWIFE

 

[424Smudge]

On a side note, you do realize that ALASKA is not out of the country, RIGHT?


TSGTSWIFE

I said continental United States. That only includes the 48 states that are enjoined.

 

[tigger22472]

What is the name of your state? Az

Do you think it would be wise of Father to request from the courts that an order be entered banning Mother from leaving the States for periods of 2 weeks or longer for the purpose of relocation?

Actually, that's what you said.

 

[424Smudge]

Actually, that's what you said.

In mediation in September Mother confirmed Fathers suspicions that mother spouse is putting in for orders out of the continental United States (Alaska or Guam)

Actually that is what I said. I found it unnecessary to type the word Continental 2x. And Guam isn't even a state. And we are wondering if we can keep her from leaving the STATES for the purpose of RELOCATION. I could care less if she wants to take them on a vacation.

 

[LdiJ]

Actually that is what I said. I found it unnecessary to type the word Continental 2x. And Guam isn't even a state. And we are wondering if we can keep her from leaving the STATES for the purpose of RELOCATION. I could care less if she wants to take them on a vacation.

Since Guam is part of the United States...even without statehood...and since Alaska is part of the US with statehood....your husband really has to be careful how he words any petitions.