Moving- notices

[HelpingHands]

Hi Soc-

CP and Child live in TN. Child a resident 6 months come tomorrow. NCP mother lives in Va.

Mother relocated last month without giving written 30 days notice as required by the court order. She did however give my wife the new address about 2 weeks after calling from the new home number.

I just signed a lease on a home Saturday. I sent a letter by certified mail to the mother, cc a copy to the family court and circuit courts in Va today notifying her that as of March 2007 the physical address will change.  My wife told NCP last night that we were moving soon and to expect a letter in the mail.

I plan to move my belongings into our new home this weekend. As you can calculate that's also not giving a 30 days' advance notice to the other party or court. I can't afford both places, so I need to move this weekend- and will continue to clean the apartment through the end of this month. I don't want to be in contempt but I am providing my daughter and other children with a much needed larger home. And I've given her as much notice as possible in this situation.

1. If NCP wants to try to get me for contempt, will TN or VA have jurisdiction?

2. Do you think contempt is likely, given I have provided her with as much notice as I possibly could and couldn't afford to pay for both places?

3. Will the courts consider that she moved without providing the same notice required by the order?

4. Do you have any ideas short of paying for rent in both places for the month of March to help this situation?

Thanks Soc- I have finally been able to provide my family with the home they deserve and don't want to screw this up with my daughter and the courts.

[socrateaser]

>1. If NCP wants to try to get me for contempt, will TN or VA
>have jurisdiction?

VA.

>
>2. Do you think contempt is likely, given I have provided her
>with as much notice as I possibly could and couldn't afford to
>pay for both places?

It's possible. Court orders aren't optional or "best efforts." But, if your actions don't have a negative effect on the NCP, then the court would probably dismiss as di minimis.

>
>3. Will the courts consider that she moved without providing
>the same notice required by the order?

You mean that "Two wrongs make a right," in VA courts? This answer speaks for itself.

>
>4. Do you have any ideas short of paying for rent in both
>places for the month of March to help this situation?

You could ask the other parent for consent.

[HelpingHands]

The NCP would in no way be negatively affected by our move. The point I was trying to make was that it's like calling the kettle black- I'm going to contempt you for something that I myself am doing. With her history of doing just that, that's what I am concerned with. Not that Va will excuse one wrong for another.

The Va judge ordered that the case be transferred to TN where TN will now have jurisdiction.


I have another scenerio for you. Suppose I move all the non essential items into the new home, leaving major furniture and other necessities in the apartment. We stay living in the apartment until after the 30th day then move the rest...since my letter states as of March 2007(no specific day listed)

How can I prove that I waited till after the 30th day to move in?

Would uhaul receipts work?

Thanks

[socrateaser]

>How can I prove that I waited till after the 30th day to move
>in?
>
>Would uhaul receipts work?

Yes. As long as you are not asked under oath: "On what date did you move?"

The real issue is whether or not your move negatively affects the other parent. As long as you are prepared to arrange transfers of the child(ren) in a manner which does not inconvenience the other parent in any meaningful way, you're unlikely to have a problem.

However, your best defense is some objective proof that you haven't moved (uhaul receipts or proof you paid the last month's rent at the prior location within 30 days of the time for you to provide notice of the move).