Relocation

[Driver8421]

I’ve been to the Family Law Facilitators at the King County Superior Court in Seattle, WA, but I got somewhat confusing answers regarding my case.

I initiated a relocation on October 23rd. I got my ex-wife served properly on that day. On Monday November 13th, she handed me her objection from her hand to my hand, instead of getting me served. At the Family Law Facilitators I found out that not only she wasn’t supposed to hand her objection personally to me, but she also didn’t file her objection with the court. The Family Law Facilitators gave me two options:

Option 1) If my ex-wife doesn’t file her objection with the court, then after 30 days from the time I filed my Intent to Relocate I can file an Ex-Parte Motion for Final Order Changing Parenting Plan – No Objection to Moving with Children

Option 2) File a Motion for Temporary Order Allowing Move with Children.

I’m not sure if I can go the Option 1 route, as my ex-wife didn’t object properly. Basically the court doesn't know about her objection. If I file the Ex-Parte Motion for Final Order Changing Parenting Plan – No Objection to Moving with Children, can my ex-wife later complain to the court that she objected? Will her complaint be dismissed or accepted since her objection hasn't been filed with the court?


For background: I am the primary custodian with 65% custody of our children.

 

[stealth2]

I’ve been to the Family Law Facilitators at the King County Superior Court in Seattle, WA, but I got somewhat confusing answers regarding my case.

I initiated a relocation on October 23rd. I got my ex-wife served properly on that day. On Monday November 13th, she handed me her objection from her hand to my hand, instead of getting me served. At the Family Law Facilitators I found out that not only she wasn’t supposed to hand her objection personally to me, but she also didn’t file her objection with the court. The Family Law Facilitators gave me two options:

Option 1) If my ex-wife doesn’t file her objection with the court, then after 30 days from the time I filed my Intent to Relocate I can file an Ex-Parte Motion for Final Order Changing Parenting Plan – No Objection to Moving with Children

Option 2) File a Motion for Temporary Order Allowing Move with Children.

I’m not sure if I can go the Option 1 route, as my ex-wife didn’t object properly. Basically the court doesn't know about her objection. If I file the Ex-Parte Motion for Final Order Changing Parenting Plan – No Objection to Moving with Children, can my ex-wife later complain to the court that she objected? Will her complaint be dismissed or accepted since her objection hasn't been filed with the court?


For background: I am the primary custodian with 65% custody of our children.

How far are you moving? How do you plan to handle Mom’s parenting time? How old are the children?

 

[Driver8421]

How far are you moving? How do you plan to handle Mom’s parenting time? How old are the children?

We are moving to the United Kingdom. Mom will have parenting time every summer while the kids are out of school. The children are 10 and 8, and they can't wait to get away from their mother.

 

[adjusterjack]

Let's put aside the legal niceties for a moment.

Why does your ex-wife object to your moving the kids to the UK?

Use her words exactly as she wrote them in her objection.

 

[Driver8421]

Let's put aside the legal niceties for a moment.

Why does your ex-wife object to your moving the kids to the UK?

Use her words exactly as she wrote them in her objection.

Seems like your question is not addressing my original question.

But, quite frankly she objects because she's from Africa and she thinks the kids should always be with their mother. She's mistreating them and she's also in deportation proceedings.

She's saying that their life wont be as good in the UK as in the US. She's basically trying to keep them where she is, so she can take advantage of them for her immigration case.

I have family in the UK and my children are really "close" to them.

 

[LdiJ]

We are moving to the United Kingdom. Mom will have parenting time every summer while the kids are out of school. The children are 10 and 8, and they can't wait to get away from their mother.

I suspect that this whole situation is going to be more complicated than you realize. It is nearly impossible to move children out of the country without the explicit permission of the other parent. I don't think that you can count on mom making a technical error in paperwork as giving you a free pass to move.

If mom can't afford an attorney and you can, I think that the odds could be even worse. Normally I wouldn't say that, but you want to move the kids out of the country and that is probably a much bigger deal than you realize.

 

[LdiJ]

Seems like your question is not addressing my original question.

But, quite frankly she objects because she's from Africa and she thinks the kids should always be with their mother. She's mistreating them and she's also in deportation proceedings.

She's saying that their life wont be as good in the UK as in the US. She's basically trying to keep them where she is, so she can take advantage of them for her immigration case.

I have family in the UK and my children are really "close" to them.

OK, in that case then just stop what you are doing entirely. Wait until she actually gets deported and then it will be a slam dunk for you.

 

[Driver8421]

OK, in that case then just stop what you are doing entirely. Wait until she actually gets deported and then it will be a slam dunk for you.

Yea, she's been in deportation proceedings since 2012, how long am I gonna wait?

Either way the original question was:
If I file the Ex-Parte Motion for Final Order Changing Parenting Plan – No Objection to Moving with Children, can my ex-wife later complain to the court that she objected? Will her complaint be dismissed or accepted since her objection hasn't been filed with the court?

 

[stealth2]

Is your ex-wife represented? If not, the court will likely grant quite a bit of leeway to your ex. Suppose the court asks you if your ex expressed an objection directly to you? How will you respond?

You may find that the judge refuses to hear this ex-parte.

 

[Driver8421]

Is your ex-wife represented? If not, the court will likely grant quite a bit of leeway to your ex. Suppose the court asks you if your ex expressed an objection directly to you? How will you respond?

You may find that the judge refuses to hear this ex-parte.

Neither of us are represented.

Based on my research in Washington State when you file an Ex-Parte Motion for Final Order Changing Parenting Plan – No Objection to Moving with Children, there is no hearing. The motion is automatically accepted.

 

[stealth2]

Neither of us are represented.

Based on my research in Washington State when you file an Ex-Parte Motion for Final Order Changing Parenting Plan – No Objection to Moving with Children, there is no hearing. The motion is automatically accepted.

I would strongly suggest that you at least consult with a lawyer.

 

[Ohiogal]

How old are the children?

 

[cbg]

How old are the children?

Per post #3, they are 10 and 8

 

[LdiJ]

Neither of us are represented.

Based on my research in Washington State when you file an Ex-Parte Motion for Final Order Changing Parenting Plan – No Objection to Moving with Children, there is no hearing. The motion is automatically accepted.

I think that you misunderstood the meaning of ex-parte in this instance. She was suggesting that the judge could refuse to hear the case without mom present. In other words, that this issue would be considered to be too important to make a default ruling. If your relocation wasn't outside of the country then yes, the motion could be accepted, but it could also be overturned if mom made a motion after the fact based on the fact that she made a mistake in how she handled her objection.

In general, judges do not like to make default or ex-parte rulings when it comes to matters regarding children. In general that is not in the best interest of children. They will often give parents second and third chances to properly respond because of that. That becomes even more likely when the matters are something as significant as relocating outside of the country (and other significant factors as well).

The other factor that you should probably take into consideration is you could run the risk of the judge looking at you like someone who is trying to pull something by taking advantage of mom's ignorance. That wouldn't help you in court.

If you can truly demonstrate that it would be in the best interest of your children to relocate them to the UK (that the advantages to THEM of moving to the UK are significantly greater than the disadvantage of being separated from their mother) then you really don't need a default ruling either. You should win on it's merits, and therefore not be risking it being overturned.

 

[adjusterjack]

Seems like your question is not addressing my original question.

It did. I just didn't explain why. It was asked in order to determine the potential legal obstacles you face as a result of your ex-wife's objection. You're response enabled our experts to advise you of those obstacles.