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Author Topic: Vacating orders  (Read 1794 times)

awakenlynn

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Vacating orders
« on: Jun 11, 2007, 01:29:00 PM »
Ex has filed in TX for us to go to court.  She registered the IL visitation order in TX as required and is now asking the judge to vacate the entire order (that has been in effect since 2003).  She has been living in TX since 2002.

She wants to be solely responsible for determining all visitation.  If the judge doesn't go for that she wants the TX standard order applied with some changes made.  That means we would lose 2 weeks every other year and 3 weeks the other years.  We only get to see SD 9-11 weeks a year as it is (spring break, 8 wks in summer and alternating Thanksgiving and Christmas breaks)  We would agree to splitting the Christmas vacation since there are only about 3 years left until SD turns 18.

Does anyone have any idea what TX considers substantial changes to allow such a drastic change in a court order?

Thanks,
Lynn


jenjen

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RE: Vacating orders
« Reply #1 on: Jul 08, 2007, 08:50:56 AM »
I dont think a judge would vacate an existing court order unless she can prove it's in the childrens best interest, which i cant see how especially if it causes your child to have less time with you, did she just recently move to texas? and does your divorce decree or final orders allow such a thing? if not then she should pay the cost of having your children have parenting time with you. My thought are that she might be able to ask to have the visittion modified but, even in this regard she is going to have to show that this is in the best interest of the children. even if she argues that with this move she can earn more money it still doesnt justify up rooting the children when you can provide the same stability and continuity with the children in your care, you shoukld ask the court that a change in custody is in order (if you want custody and to raise your children)  

awakenlynn

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RE: Vacating orders
« Reply #2 on: Jul 11, 2007, 07:46:53 PM »
Ex moved to TX in 2002 and kept jurisdiction in IL until late 2006 for visitation, ex still hasn't moved the child support jurisdiction even though she got the TX child suppport office to interfere (we now have $900 in arrears with IL, because TX won't communicate with IL)

There was never a marriage so no divorce.  Ex was allowed to move because initally both parties were in the military, my husband got out, so IL couldn't hold onto the jurisdication any longer for the visitation.

We already split the transporation costs and are willing to split Christmas, IF ex is willing to pay for the transportation on the years that we have to pay for Thanksgiving transportation, we can't pay for 2 tickets that close together.  On the years we don't have to pay for Thanksgiving and we normally pay for Christmas, we will still pay the cost to get SD here, and then ex can pick SD up from here (she is only a couple hours away when she is with family-as she usually is)

There is no argueing that it needs changed because she hasn't held a job in 13 years and her husband is stationed where they are at in TX and they won't be moving anytime soon.

Thank you,
Lynn

 

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