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Messages - sturich65

#1
Custody Issues / Re: Wife Trying To Move
Feb 11, 2012, 05:48:51 PM
My lawyer and another one I have consulted have stated, that most judges don't like to modify an existing arm's length agreement. In her Motion she will have to show this and we can refute it.

Only things that has really changed since then is the weather ( colder now here), and her (ex-wife's) mom's degree of insanity and loathing for the male gender...
#2
Custody Issues / Re: Wife Trying To Move
Feb 11, 2012, 05:36:21 PM
As I previously posted ex may be petitioning the court to allow her to relocate to her parents house only  5 months after singning PSA (divorce agreement). Two Separate statements, My lawyer says "yeah right"

Here is the wording in My Agreement. I have removed the state from it


Statement 1.

"As of the date of execution of this Agreement, it is both parties'
intention to remain in the State of  XXXXXX after the entry of a Judgment of
Divorce; and to remain, insofar as practical, in geographic proximity to each
other. The parties have specifically discussed that they believe it is in their
children's best interests to be in close proximity to, and to be raised by, both
parents; and to be in close proximity to, and to have regular contact with, their
half-siblings."


Statement 2

The parties agree that the children shall spend no more than three weeks
total in any calendar year, and not more than two continuous weeks at: any time;
with the Wife's parents in state of XXXXXX or otherwise be away from the Wife's
residence for more than three weeks total in any calendar year during her
scheduled parenting or vacation parenting


Hopefully that will do it and it won't even make it to a hearing. I have been a good boy since signing agreement even though her mom says I am devil-spawn...
#3
Custody Issues / Re: Move Away
Jan 30, 2012, 04:23:47 PM
Actually she asked me today if I was willing to negotiate. She told me her parents would offer me their RV to see kids in when I went to CA. I asked if she seriously expected me to swap my kids for an RV. I also told her that she negotiated in bad faith and anything they promise will be not taken seriously.

I researched the law a bit and she would have to be in CA for at least six months to assert CA juristiction. Else the police/ sheriff is required by federal law to abide by any "court of competent juristiction's" ruling. I was told by a lawyer that if she wishes to take them to CA to insist on an itenery before she leaves or go to court to block her travel plans which I will do!!     
#4
Custody Issues / Re: Move Away
Jan 30, 2012, 03:46:23 PM
Actually I just re-read the PSA and my lawyer thankfully put (or snuck) in a complete separate paragraph that I missed (big duh). It was sort of on the topic of vacations (not a separate section) but states that she can not have them at her parents house for more than three weeks in any given calendar year. I can't believe that I missed that. My attorney deserves a big  congrad, and I deserve a big smack for not reading this provision. Yes she was represented by an attorney of her own. 

About a week ago she took me to court on a bogus "order to show cause" which was struck down by the judge as she (Judge) gave her a "Judge Judy" style sermon. The judge asked me what I thought and I said that she was looking to move out of state and was trying to create a paper trail. Judge stated that she was not to take kids out of state without either her (judge..eg court's) or my permission or she would be jailed. Judge said that an order to keep kids in state was not neccesary. Seems most judges are annoyed by these sudden (same day) motions and I doubt this would get me far.
#5
Custody Issues / Move Away
Jan 30, 2012, 02:52:35 PM
My ex and I completed our divorce in sept of 2010 (yes 125 days ago) and thankfully in the PSA (property settlement agreement) I insisted on a statement of intent to raise the three children here in NJ within close proximity to each other, and that this is in the children's best interests. This was put into the first paragraph. I had threatened to walk out during the negotiations if this provision was not added. Her parents live in CA and I had a feeling that at some point they would pull a stunt like this.

About three weeks ago she told me that her parents were going to shortly refuse to pay her rent anymore ( as they have been doing for the past 1.5 years since our separation) and were going to move her and the three kids to their house in CA. They have recently created an Apt for her downstairs and want to move her there. Her mother can be best described as man hating and her father as catatonic. They were supposedly going to purchase her a house here in NJ but have since reversed their offer.

I have consulted two lawyers and both have said that I stand a very good chance of prevailing in a move away motion.  Has anyone here had any experience in NJ  especially and what happened?