Show Cause for Failure To Provide Notice?

[Frustrated_one]

What is the name of your state? VA

I recently found out that my ex moved about a month ago without telling me. We are supposed to give 30 days advance notice to the other parent and the courts before moving.

He's now requesting to pick up the kids for next month and has made no mention of moving other than giving me a false city that he was moving too. DCSE is also looking for him and found him in the state that I was also able to locate him in. We are currently set to go to court for a back child support issue very soon.

Should I file a show cause stating that he has neither provided advance notice of his new address or any notice for that matter?

Thanks in advance.

 

[GrowUp!]

What is the name of your state? VA

I recently found out that my ex moved about a month ago without telling me. We are supposed to give 30 days advance notice to the other parent and the courts before moving.

He's now requesting to pick up the kids for next month and has made no mention of moving other than giving me a false city that he was moving too. DCSE is also looking for him and found him in the state that I was also able to locate him in. We are currently set to go to court for a back child support issue very soon.

Should I file a show cause stating that he has neither provided advance notice of his new address or any notice for that matter?

Thanks in advance.

You should immediately file a motion with the court to have the child returned. You should consult with an attorney on this TODAY.

 

[stealth2]

You should immediately file a motion with the court to have the child returned. You should consult with an attorney on this TODAY.

Uuuuh, GU? Reread the OP. The NCP moved w/o provided the notice apparently required in their order - the kids haven't been removed from anywhere.

 

[GrowUp!]

Uuuuh, GU? Reread the OP. The NCP moved w/o provided the notice apparently required in their order - the kids haven't been removed from anywhere.

Ahh...ASSumption made on my part.

OP: is this a hill really worth dying on? If he has court-ordered parenting time, you are still to make the kids available. Now as far as transportation goes...it must be modified (assuming that it's standard the parent beginning their time picks up the kids.) When you file the modification, request the your ex pay all fees, costs, etc. for failure to give notice.

 

[LdiJ]

What is the name of your state? VA

I recently found out that my ex moved about a month ago without telling me. We are supposed to give 30 days advance notice to the other parent and the courts before moving.

He's now requesting to pick up the kids for next month and has made no mention of moving other than giving me a false city that he was moving too. DCSE is also looking for him and found him in the state that I was also able to locate him in. We are currently set to go to court for a back child support issue very soon.

Should I file a show cause stating that he has neither provided advance notice of his new address or any notice for that matter?

Thanks in advance.

Yes, you should probably take it back to court....and quickly. If he is in another state then you really can't risk his taking the children unless you have an address and verify that its a real one.

 

[Frustrated_one]

Ahh...ASSumption made on my part.

OP: is this a hill really worth dying on? If he has court-ordered parenting time, you are still to make the kids available. Now as far as transportation goes...it must be modified (assuming that it's standard the parent beginning their time picks up the kids.) When you file the modification, request the your ex pay all fees, costs, etc. for failure to give notice.

Umm...what was your point? I never said I was denying visitation. When he stated he was picking up the children, my response was "okay". Denying vistation serves only to hurt the children BUT our court order is specific in saying that we are to provide 30 days notice before moving. He is thousands of dollars behind in back support (refuses to pay) and hasn't picked up the children in months (prior to moving). So it's not like they have already been to where he is currently residing. He still has not given me or DCSE an address. I found out about the move using my previous line of work investigation skills and DCSE found out through employment/IRS records.

So yes this is an issue worth addressing if the court saw it fit to put in the paperwork. Plus, the court order states that he is to provide me with advance notice of exactly where the children will be before he picks them up. He is a chronic mover/job hopper (every 3-6 months) and I already have a letter on file with the court because he lied to me earlier this year about where he was taking the children who were both under the age of 3 at the time.

Transportation is not an issue. He was ordered to provide all transportation because he moved out of state when trying to hide from DCSE before.

Our back support case is right before he supposed to pick up the kids. Since he has not informed me or the court of his real address, I guess I'll have him served when he comes to court in a couple weeks to the back support case. Maybe I can also have it heard on the same date.

 

[Frustrated_one]

Yes, you should probably take it back to court....and quickly. If he is in another state then you really can't risk his taking the children unless you have an address and verify that its a real one.

I knew deep down that I should but the struggle to get him to just cooperate, then having to file show causes if not is getting real old. Ahh well...I gotta do what I have to do to make sure the kids aren't put in a bad situation. I'll go file this week. Thanks again.

 

[Ohiogal]

File a motion to suspend visitation for cause. Base it on the fact that dad has not seen the children in months, he has not provided proper notice of the move, he has not informed DCSE of his address and hence you have no way of ascertaining where the children were be or if he will return them as he is a flight risk.

 

[Frustrated_one]

File a motion to suspend visitation for cause. Base it on the fact that dad has not seen the children in months, he has not provided proper notice of the move, he has not informed DCSE of his address and hence you have no way of ascertaining where the children were be or if he will return them as he is a flight risk.

Wow. I never thought about filing a motion to suspend.

I wouldn't want to file and then he lie in court that he still lived there. It may look bad on my part.

Would showing proof from myself and DCSE that he is working 3 hours away in another state from his previous home address be enough evidence? Or should I also send him a certified letter requesting his signature to verify that he has in fact moved?

I don't want to jump to gun if filing for something so serious.

 

[Ohiogal]

Wow. I never thought about filing a motion to suspend.

I wouldn't want to file and then he lie in court that he still lived there. It may look bad on my part.

Would showing proof from myself and DCSE that he is working 3 hours away in another state from his previous home address be enough evidence? Or should I also send him a certified letter requesting his signature to verify that he has in fact moved?

I don't want to jump to gun if filing for something so serious.

Have the court serve him by certified letter. They will obtain his signature and be a neutral third party. But you better be sure that he has moved and what you are saying is true. And you would have to wait on the court to rule on your motion to suspend -- you couldn't just suspend visitation WITHOUT being in contempt.