Relocation


#1

Dear caniwin:

Greetings. I agree with you that an emergency child custody action is probably not appropriate, since you have already vested jurisdiction in North Carolina and she is not moving to avoid jurisdiction. I think the proper motion would be a restraining order, not a motion to modify child custody. A restraining order would mandate that the children remain here, regardless of where she goes (as you cannot stop her from moving, just the children).

Now I will also say that there is a lot of case law against you also - one of the most recent cases giving custody to the moving mother saying that what was in mom’s best interest was also in the children’s best interests. Try the restraining order…and go from there!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks for the advice on the restraining order. I’m left with a couple of questions though. 1.) What exactly happened behind closed doors with the judge and attorneys and why does that happen, though my ex-wife and I are the ones “suing” each other and we’re not even party to discussions between the three? 2.) How can you explain a judge legally allowing my ex-wife to leave the area, knowingly abandoning a court ordered child custody agreement that he signed into place? 3.) You mention that there is a lot of case law against me. I was informed of the Ramirez case by my attorney and found the Evans case on your website under relocation cases. Both of these seem nearly identical to my situation, though in both cases, the mother was given the choice of staying in the area and maintaining the existing custody arrangement or going ahead with their planned moves, and allowing primary custody to revert to the father, with the mother then having reasonable visitation rights. Is this not the norm?

Thanks.


#3

Dear caniwin:

Greetings. Every “behind the door” meeting a judge has is different. It may be a discussion on how to resolve the case or a forecast of the outcome. It may also be the judge telling the attorneys that they will not have time to hear the matter. There is no telling what occurred behind the door.

I cannot explain your situation, since I have not seen the order.

Finally, each custody case is different. While you may feel like a certain case is right on point for your side, another case may be right on point for your wife’s side. Keep your head up over the holidays and good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My ex-wife and I have a parenting agreement which was signed into order in court. It allows about 54% of children’s time with mother and 46% with father. I (father) have the children 3 weekends out of the month and at least one weeknight per week. In the parenting agreement, I had a clause placed something like “either party will give the other party 90 days notice before any potential move outside the immediate area” due to the fact that my ex-wife had an affair and continued to carry on a relationship with a man over 6 hours away. I received notice on October 6th that she intended to marry and move to Virginia. I immedately contacted my attorney and we began a motion for change in custody. We recently had a hearing, and somehow, “nothing” happened. That is to say, the judge met with the attorneys behind closed doors for nearly 30 minutes, then came out and basically said our motion didn’t show cause for irreperable harm, and therefore he could not deny the move. All the research I have done, including cases of Ramirez and Evans indicate conditions nearly identical to mine. In the Ramirez case, the wife, intenting to move, filed for modification to child custody. In the Evans case, the husband filed Motion in the cause for change in circumstances. In both cases the move of the children was prohibited. I believe my ex-wife intends on moving the children over the holiday, which is not even outside the 90 day window, but my attorney says he doesn’t think we can stop her. Will she not be in contempt? What course(s) of action can you recommend? My attorney wants to file a motion for emergency child custody. I don’t think it’s our place to do that, but I don’t understand my legal options nor hers.