Violating court order and moving over 70 miles without notification
My hubby and his ex originally went to court to determine custody in 2010. They have joint legal custody and shared physical custody with his ex being primary. Their current custody order states each parent must give 45 days written notice by certified mail if they intend to move. His ex did not give him notice and moved their 4 year old son to Los Angeles. He is now being forced to pick up and drop off SS in Los Angeles if he wants to exercise his visitation. He was originally awarded to have every other weekend with one full day in between weeks. His ex is very hostile and has since enrolled SS in and expensive daycare in Los Angeles demanding he pay for it without his permission. He filed a Request to Modify their custody arrangement but don't know what else we can do to help his case. Since he filed his ex has been ignoring his phone calls to talk to SS and has been harassing hubby to pay for daycare expenses while she works because it is "court ordered" that he pay half. She keeps picking and choosing what parts of the court order have to be followed and we feel stuck. It's exhausting. 
Is there hope of us gaining primary custody? We've paid for all of SS health insurance (since his ex refuses to pay her legal half), half of private schooling, thrown birthday parties, taken SS to the doctor, gone to back to school nights, and everything in between. My hubby is a great dad and loves his kid. His ex just can't get over her bitterness and will try and use SS to hurt my hubby anyway she can.
His ex moved away from her entire support system for a low paying job and small one bedroom apt for her and SS. The move was entirely to interfere with my hubby and his sons relationship. Up until she moved we have lived less than 5 miles apart from them and have always helped out when she needed it. Is there more we can do to ensure we have a chance at gaining primary?
If it's in the court order
If it's in the court order that she has to stay within a certain area you may have a case of contempt and breaking the court order. If that wasn't specified I'm not sure. I'd say find a few family law lawyers who do consultaions for free and talk to them to see what your options are. How far are you from LA?
I agree! You are wasting your
I agree! You are wasting your time filing for a review of custody, you need to file contempt first then take your contempt to the review of custody.
Show the Review of custody judge that you there BECAUSE of her contempt, she will NOT look like the MOTY with that judgement in your hand and you get more leverage to move your SS back home!
Is it possible to file
Is it possible to file contempt if we already have mediation scheduled this upcoming week? Or will that be the main topic in mediation since that was first thing listed in hubby's declaration? Or does the mediator not take that into consideration?
We are 70 miles from LA. His
We are 70 miles from LA. His ex has been discussing moving out there for the last 2 years (originally to live with her gangbanger boyfriend) but we did not take her seriously. She's never held a job longer than a month or two and has never lived on her own. The CO does not specify how far of a move was allowed it only says they both must give notice via certified mail. We have text messages and emails that show her telling hubby she enrolled SS in daycare and he is required to reimburse her for the last few days he attended! We didn't even know she was looking into daycare. My hubby had been off work for months and she never allowed him extra time with SS stating it wasn't in the childs best interest to be with hubby while she works even though he continually asked and they have Right of First Option of care in their CO. To top it off, after hubby filed a RFO to change custody she took to social media sites making jokes about hubby trying to take SS from her saying things like "*Shrugs* oh well back to court we will go" and drawing sympathy from family and friends saying "how can someone be so selfish trying to take my little boy from me?" So as of now my hubby drives every week to LA and back to see SS. And to top it off hubby just got a job that interferes with the set time he is suppose to pick up SS (11am on Fridays) so his ex threatens to cancel his visitation if he isn't there on time every week knowing he has to work.
yes my ex moved more than 60
yes my ex moved more than 60 miles and did not notify the court and when i tried to tell the court they did not give a rats ass and basically laughed in my face. its says in papers yes but judges dont enforce them at leasts here in ohio
She can insist that he pays
She can insist that he pays for anything all she wants but the fact is he only has to pay what the CO says he has to pay. Beyond CS she can fuck off.
As for her moving, he needs to go after her with every legal tool possible to get his son, file a contempt motion against her, and nail her ass to the wall and do it before the mediation so you can smack the shit out of her with the that contempt motion in front of the mediator. If she is the one that moved then she needs to be the one to pick up, drop off, and pay for any increase in visitation travel costs. In our case it was my DW that moved out of state for college and took SS with her. She did it before there was a formal visitation schedule so DickHead could say nothing about it. He went after full custody when he found out DW was dating someone at university (me) and we handed him his ass in court. That CO upheld sole physical and legal custody of SS for my wife and granted the Sperm Idiot long distance visitation. He had to pay to get the kid to his location, we had to pay to get the kid back to ours after visitation was over.
Make sure DH holds her ass to the grind stone and smacks the shit out of her with a rolled up copy of the CO any time she so much as twitches out of compliance with the CO.
Good luck.