So, my ex-spouse filed for a Registration of Child Custody Determination in a different state than our divorce and parenting plan. It has come to light that my ex lied to the originating court about the intent to move (had actually already moved with my child) and when the move took place. I would like to have the Motion for Registration of Child Custody Determination in the new state dismissed due to the illegal way the move took place. Are there laws that can support my Motion for Dismissal?

What type of timeline has things been happening in ? Because your mentioning divorce and parenting plans. Weren't you established as the father already? When did the move take place ?

Yes, I am established as the father. Divorced about 9 years.Joint custody. She moved from the state about 2 years ago, I didn't want her to and she convinced me if I didn't agree with the intent to move to not sign the document. I didn't know any better and I didn't know that she had actually already moved. She lied to the court about when she moved and I just came across this evidence since having filed contempt paperwork.

And is she trying to change the custody now? Or just trying to move the courts? Im asking because if your in the same state as the original order then she can't move it without your permission. That is a federal law.

To my knowledge, so far just trying to move courts. We both have moved from the originating state.

If you BOTH have moved and the child has been in the same place for more than 6 months, that that area now has jurisdiction. When she moved 2 years ago, were either of you in the same place as the original divorce order?

She moved from the originating state under false pretenses and lied to the court as to when she moved and that I had been given proper intent docs.She knew I would not consent so she moved before telling me and lied to me. I found out the move took place by my child. I didn't know anything could be done until recently when I was told that she has committed perjury.

What exactly are you wanting to get out of all of this? Im asking because there are different stratagies depending on what your wanting to do.

Doesn't matter whether she committed perjury or not. You had a parenting plan in place and approved by the courts. For her to do anything that would make it more difficult for you to adhere to the plan would have been in violation of the court order and she could have been ordered back to the original jurisdiction by the court. Now that you didn't pursue this until recently and since you have moved also, she will probably be allowed to file where the child resides. You may be able to use the perjury and contempt of court to get a more favorable visitation. But you will probably have accept the change of jurisdiction.

I want jurisdiction to remain in the originating court. She has not adhered to many aspects of the parenting plan, such as putting my child on medication without my consent and withholding information about my child, just to name a few. The evidence of the move has just been brought to light. If she moves it to the other court I know she will try taking away my visitation and that court is known for corruption and being biased.

The problem is that niether of you live in the original jurisdiction and as has been pointed out it can be moved. The original court no longer holds an interest in this case.

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Originally Posted by silkysilky

I want jurisdiction to remain in the originating court. She has not adhered to many aspects of the parenting plan, such as putting my child on medication without my consent and withholding information about my child, just to name a few. The evidence of the move has just been brought to light. If she moves it to the other court I know she will try taking away my visitation and that court is known for corruption and being biased.

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What you want and what the law states may be different things. The fact that you both no longer reside in the jurisdiction of the court that issued the original plan means that she will likely be granted a change of jurisdiction. That does not mean the original order is no longer in effect. That order remains in effect until a court changes it. So, if you want to show that she is in contempt of court by not adhering to the original plan, you can do so, once jurisdiction has been set. You can then, apply that the plan be changed giving you more favorable terms.

I would strongly suggest that you retain a Family Law attorney who can help you deal with these legal issues.

I can not afford an attorney. The court she's trying to move it to does not have jurisdiction yet because I filed the contempt with the originating state, so the original court does still hold interest. Also, had she not committed the perjury my child would most likely not be living in the new state, so it is material information that questions on where the jurisdiction should be.

Sorry, but you DO need an attorney because you clearly do not know the law. And you cannot afford NOT to have an attorney if you want things to go your way. The court that originated the order will simply look at your petition and see that neither you nor the mother currently reside in their jurisdiction. They will note that a change of jurisdiction has been entered where the child resides and they will transfer jurisdiction.

Had you filed for contempt immediately upon learning of the move, then the perjury would be highly material. Since you did not, then it will be considered by the court, but it is probably no longer actionable. But it has NO material impact on the change of jurisdiction, since you have moved.

Scott, you are right, I don't know all the laws, that's why I ask. There is of course more to this and the originating court has not released jurisdiction. So, I am trying to find laws that support Dismissing a Registration of Child Custody Determination. I will keep fighting for my and my child's rights and I will let you know what happens.

Here is something for your research.

Ref:

Uniform Child Custody Jurisdiction And Enforcement Act - Wikipedia, the free encyclopedia