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BM Wants to Move

libra2libra83's picture

My boyfriend finally got the court approval to write up the Order After Hearing from his court date late last year. During this court date, BM and BF created a parenting plan that was fair that they both agreed with. Recently, BM got a boyfriend who lives 40 miles away, and BM wants to move in with him. She feels justified in moving my SD down there, which would ruin the prenting plan agreed upon in court.

She has refused to sign the Order After Hearing because she no longer agrees with it. What are the chances that the court will not hold onto the original agreement made in court simply because she refuses to sign?
How likely will it be that she will be able to move if this issue goes in front of a judge?

More Info: They both agreed to 50/50 legal and physical custody. We have her EOWeekend and every Wednesday and Thursday. All of my SD family, friends, doctors, and extracurricular activites are where we live.

dara1's picture

The orders from the judge are effective when they are made. The Order after Hearing is needed to enforce the orders made at the hearing. The documents can be submitted to the court if the other party refuses to sign. They are supposed to sign if the documents accurately reflect what the judge ordered. I doubt that the judge would look favorably on a refusal to sign because someone disagreed with the judge's order.

There is the other issue of what was agreed to in the order. Is there a relocation clause? If not, California is a friendly state for primary custodial parents who are moving. In a case of shared custody the court can change the custody of the child, if the move would significantly affect the custody order. How is EOW, plus 2 weekdays, 50/50? The % custody that the parents have with the child can determine whether the primary custodial parent has a right to relocate with the child.

libra2libra83's picture

Our schedule is a 5 2 2 5 schedule. Some weeks we have her for 5 days in a row, other weeks we only get her 2 days. We have equal amounts. The order says she can not move more then 20 miles without a court order.

libra2libra83's picture

Also with 50/50 legal she can not change the child's school without his approval or a court order.

Anon2009's picture

I'm in CA too. I've not personally dealt with this but know folks who have.

I cannot see any judge being ok with moving for this reason. Even in a pro bm state like CA. She's not moving to be closer to a support system of family or for work. What if she breaks up with this guy?

Your bf needs to get a good attorney who knows about fathers rights and read this:

libra2libra83's picture

4 months. She already broke all of the co-parenting agreement since they both agreed to wait 6 months before introducing the child to the parent's SO. We waited and I let BM drill me with questions 3 times before I was going to meet SD. We did what we thought was in the best interest of SD.