Relocation questions

[carabob]

What is the name of your state? mo

I am currently tring to stop my x from moving my kids 4.5 hours away. I have filed a motion to prevent relocation, modify custody, visitation, and transportation. My X notified me on June 15th, with an intended move date of Aug 15th. I filed my motion on July 7th. My X called me tonight and asked me if it was okay if she moved the kids early because school starts earlier where she wants to move. I told her that I had filed a motion to stop the move, but she said she hasn't heard anything, and that my 30 days has expired. I know that my motion has been filed with the court because I can look it up in the pending court cases in missouri. I don't know why she hasn't been notified other than I believe she has actually already moved and they can't find her to have her served. Can she go ahead and move the kids anyway without the courts or my consent? Is there anything I should be doing to find out why she hasn't been notified? How long does it usually take to get a court date and get this all resolved? School will be starting soon, will she have to start the kids up here if this isn't resolved by then?

 

[CJane]

What is the name of your state? mo

I am currently tring to stop my x from moving my kids 4.5 hours away. I have filed a motion to prevent relocation, modify custody, visitation, and transportation. My X notified me on June 15th, with an intended move date of Aug 15th. I filed my motion on July 7th. My X called me tonight and asked me if it was okay if she moved the kids early because school starts earlier where she wants to move. I told her that I had filed a motion to stop the move, but she said she hasn't heard anything, and that my 30 days has expired. I know that my motion has been filed with the court because I can look it up in the pending court cases in missouri. I don't know why she hasn't been notified other than I believe she has actually already moved and they can't find her to have her served. Can she go ahead and move the kids anyway without the courts or my consent? Is there anything I should be doing to find out why she hasn't been notified? How long does it usually take to get a court date and get this all resolved? School will be starting soon, will she have to start the kids up here if this isn't resolved by then?

I can only tell you what happened in my case... also in MO.

I notified my ex only 30 days before my move. He filed to stop the move, but outside the allowed 30 days per the statutes. Per the statute, the moving parent is free to move if no motion is filed to stop the move within 30 days of notification. So, I moved anyway. Ex went forward with the efforts to stop the move...

That all took place in May/June/July of last year. Our case was resolved in April of this year. And yeah, that's fairly typical in (this area) MO.

You need to contact your attorney and find out why mom hasn't been served. Sometimes, it's just a lazy attorney.

With school coming up, your attorney should be requesting an emergency order for the children not to move, and to be enrolled in school at your location, pending the outcome of the modification.

 

[ceara19]

I can only tell you what happened in my case... also in MO.

I notified my ex only 30 days before my move. He filed to stop the move, but outside the allowed 30 days per the statutes. Per the statute, the moving parent is free to move if no motion is filed to stop the move within 30 days of notification. So, I moved anyway. Ex went forward with the efforts to stop the move...

That all took place in May/June/July of last year. Our case was resolved in April of this year. And yeah, that's fairly typical in (this area) MO.

You need to contact your attorney and find out why mom hasn't been served. Sometimes, it's just a lazy attorney.

With school coming up, your attorney should be requesting an emergency order for the children not to move, and to be enrolled in school at your location, pending the outcome of the modification.

There is also the possibility that mom is just lying about not being served. There are many custodial parents that think they will be in the clear if they can get moved before the court actually issues an order to keep the kids in the jurisdiction. Then they end up with the added expense of moving back.

OP -
On the court website, can you view the case history? On some websites, it is possible to view a "time line" of the case that shows the filing date, date of service and any court dates that are set. If you can't, call the office where the petition was filed and ask for the case status. If you opted for the personal service via the county sheriff and she was served or an attempt has been made to have her served, the court will have a record of it.