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    bdub05's Avatar
    bdub05 Posts: 1, Reputation: 1
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    #1

    Oct 23, 2011, 05:34 PM
    How do I prevent my ex-wife from moving out of the jurisdiction with our children
    My ex-wife has moved with out children 4 times in the past 3 years of our divorce, and this next move will be 5. It will be our 8 year old son's 3rd school, and our daughter's 2nd school. This next move places them an hour and a half away in the mountains. I have joint decision making and see them every weekend, I am very involved with schooling, this would prevent that. Also, in a state where it snows, there will undoubtedly be several weekends with snow preventing me from having a weekend with them. She notified me Friday that the move is happening next week! She never filed the proper paperwork per our divorce agreement. I will be seeking an emergency hearing as there is a huge list of reasons the children would benefit from staying in this area, and the lack of reasons this would be a good move for them... Any suggestions on what paperwork to file, or what I am really up against? The move may seem minor, but I have a hard time going Sunday through Friday without my children, and the environment there is not stable, missing several weekends due to snow would devastate me, I could no longer be involved with school, and my children could not participate in extracurricular activities.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Oct 23, 2011, 06:24 PM
    File or better yet get a lawyer and have them file an injuction by exparte motion seeking relief from the move at this time until it can be decided on by the courts.

    Also so long as you live in the original area where your divorce and child custody issues were heard (same county) then you will still retain jurisdiction no matter where she moves to.

    You need to do this ASAP.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 23, 2011, 08:00 PM
    Quote Originally Posted by bdub05 View Post
    ... This next move places them an hour and a half away in the mountains. ...
    in a state where it snows, there will undoubtedly be several weekends with snow preventing me from having a weekend with them.
    ...
    missing several weekends due to snow would devastate me,.
    ...
    The idea of snow really has you bothered, doesn't it? :D

    Snow is not that big of a deal. People live with it. What state are you in?

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