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caring_dad · Oct 27, 2012, 03:17 AM

Please answer some of my questions.
I am a very caring father my ex has submitted a RFO asking the court for permission to move to a foreign country. How can I stop this from happening. I read the Lamusga case and most of what went on in that case is very similar to what is happening in mine. I need to stop this from happening. This women only wants to hurt me. Some facts in my case

The children's interest in stability and continuity in the custodial arrangement; ( I don't understand this )

The distance of the move; (8000 Miles away)

The age of the children; (4 years old )

The children's relationship with both parents; (Very very good)

The relationship between the parents: ( We do not speak at all the relationship is very bad there has never been any violence on my part but this relationship could not get any worse)

Including, but not limited to, their ability to communicate: ( There is no comunication at all)

And cooperate effectively: (There is absolutely Zero cooperation. It's either I agree with her or else we have to go to court. Or she does what ever she wants regardless of what the court says)

And their willingness to put the interests of the children above their individual interests; ( This is a joke this women only thinks about her self)

The reasons for the proposed move; (The reason is so she will not have to deal with me and to further alienate me from our child. By putting an end to our relationship for good)

The extent to which the parents currently are sharing custody: (I see our daughter once a week by court order)

ScottGem · Oct 27, 2012, 04:45 AM

First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

As long as there is a court order for visitation and you are an active part of your child's life I don't see a court granting permission to move the children.

The way to stop it is to obtain an attorney and bject to the request on the grounds that it would interfere with your parental rights and an existing court order.

caring_dad · Oct 27, 2012, 12:31 PM

Originally Posted by ScottGem

First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

As long as there is a court order for visitation and you are an active part of your child's life I don't see a court granting permission to move the children.

The way to stop it is to obtain an attorney and bject to the request on the grounds that it would interfere with your parental rights and an existing court order.

Thanks for moving my question. I do not mean to offend you by asking but are you a Family law attorney?
The court order now is that my daughter has once a week visitation with me. I don't feel like it is that easy to to stop he move away just simply object. She has Soul legal & Soul Physical.

ScottGem · Oct 27, 2012, 02:13 PM

No I'm. Not an attorney, but that doesn't mean I don't know the law. The law, as I know it will not allow one parent to modify an existing court order without compelling reason.

She may have sole legal custody, but she has primary physical custody.

I'm comfortable in saying that a court is unlikely to change your visitation to allow her to leave the country.

caring_dad · Oct 27, 2012, 02:22 PM

Originally Posted by ScottGem

No I'm. not an attorney, but that doesn't mean I don't know the law. The law, as I know it will not allow one parent to modify an existing court order without compelling reason.

She may have sole legal custody, but she has primary physical custody.

I'm comfortable in saying that a court is unlikely to change your visitation to allow her to leave the country.

I sure hope your right.

caring_dad · Oct 27, 2012, 02:39 PM

Originally Posted by caring_dad

I sure hope your right.

This is my fear and my understanding.
There has been lots of cases in the past to where the party asking for the move states that they cannot find work at there present location and that there is work at the new location. IF the moving party is not asking for the move simply to disrupt the non moving parents visitation and the non moving parent is un able to show determent to the child caused by the move the court may approve the move.

That is why I put the facts about this case in my initial post. Based on those facts how would that effect the courts decision in determining that it would or would not be in the best interest of the child to move.
The way I see it is if the parents do not have any communication, no co-parenting, no trust, nothing except revenge on her mind and the moving parent has a vast history of alienating the parent that is not moving then it is more than likely that the moving parent will continue to alienate and not cooperate with the non moving parent and not follow court orders even more so than she does now when they live in the same city.

AK lawyer · Oct 27, 2012, 02:40 PM

Originally Posted by caring_dad

... the reasons for the proposed move; (The reason is so she will not have to deal with me and to further alienate me from our child. By putting an end to our relationship for good)
...

Your words, evidently, and not hers.

What reason does she give?

caring_dad · Oct 27, 2012, 03:13 PM

Originally Posted by AK lawyer

Your words, evidently, and not hers.

What reason does she give?

She was born there. Her entire family is there. Her new husbands entire family is there, as well as his 2 kids. She also states thet he has been telling her that he misses his 2 kids. There is a job waiting for her husband and herself there provided buy her family. Her job here does not produce any money neither does her husbands job.

That is what she states. But as far as I understand by her being the primary caretaker with full custody she doesn't need to show or prove the necessity.

ScottGem · Oct 27, 2012, 04:17 PM

So you file for primary custody. Tell the court you are willing to allow her reasonable visitation, but that it is unfair for her to wrest your only child from you by moving out of the country.

And there is a difference between moving to another state and moving out of the country. The fact that she has other children may work in your favor.

Also, I'd be willing to bet that, in the vast majority of cases where the custodial parent has been allowed to move, the NCP was not an active participant in the child's life.

AK lawyer · Oct 27, 2012, 04:25 PM

... But as far as I understand by her being the primary caretaker with full custody she doesn't need to show or prove the necessity.

She has "full custody" and you have either "reasonable" or specific visitation? Mere semantics really. If her move would adversely affect your ability to see your child, the court should consider whether the requested move is necessary.

caring_dad · Oct 27, 2012, 05:27 PM

I hope both of you are right. Because I grew up minus one parent & I know what a child will go through if the court grants her request.
I have been as active as humanly possible in our child's life. This women has done everything humanly possible to keep me out of our child's life.

And yes the move would greatly affect the ability for me to see our child. I could never afford to go there. The tickets are like 3500 per-person. Plus in her papers she is requesting that I pay for her and our child to fly here for visit's and that the court impose a permanent restraining order on me and that I have a professional monitor present during the visitation at all times.

ScottGem · Oct 28, 2012, 06:22 AM

So she wants to take your child away and have you foot the bill? The courts are not likely to go for that. Generally if a parent wants to move where it will affect the other parent's visitation, THEY have to, at least, foot the bill.

But its actually good that she put that in the paperwork. Because it may prejudice the judge against her.

Does she have an attorney?

caring_dad · Oct 28, 2012, 08:24 AM

Originally Posted by ScottGem

So she wants to take your child away and have you foot the bill?? The courts are not likely to go for that. Generally if a parent wants to move where it will affect the other parent's visitation, THEY have to, at least, foot the bill.

But its actually good that she put that in the paperwork. Because it may prejudice the judge against her.

Does she have an attorney?

Hopefully the judge will be able to read what is really going on.

Yes she has an attorney.

ScottGem · Oct 28, 2012, 09:19 AM

Originally Posted by caring_dad

Yes she has an attorney.

Then you NEED an attorney of your own. If you go up against an attorney without your own representation, you increase your chance of losing.

caring_dad · Oct 28, 2012, 09:27 AM

Originally Posted by ScottGem

Then you NEED an attorney of your own. If you go up against an attorney without your own representation, you increase your chance of losing.

Yes I know. I learned that the hard way. Last time I didn't have an attorney and that is why she succeeded in striping me of all of my visitation & they gave me monitored visitations.