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Move prior to notice of hearing

Started by Imom, Oct 24, 2006, 07:34:54 AM

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Imom

Soc,

I filed for the sole medical decision making rights, the enforcement for medication on the other parents' time and further clairification of the original order. One clairification was that we both must keep each other informed of our physical and mailing address and to notify of any changes.

The ex moved in 04 and refused to give me her address. Even after 2 request. She had been living with her grandparents prior to her move so she still got my mail from them. She had however provided me with her new telephone number, so I did a reverse lookup and got her addy.

I had the ex served with the motion I just filed alomost 2 weeks ago. My area allows first class service. Therefore it was sent first class and another was sent priority mail w/delivery confirmation.

My ex has told my son twice now on the phone they will be in the "new" house soon. She has also left several message to our child referring to the same.....infact just Sunday left him a message saying they would be in the new house this coming weekend.

When the Courts finally issue a court date they will send her notice Certified/return receipt (again thats the way my area does it, not sure if this is a state/area thing).

I was wondering....

What will happen if she does not get the notice of the hearing?

On the off chance she does notify me of her change of address, must I notify the Court?

socrateaser

>What will happen if she does not get the notice of the
>hearing?

If this matter is pending hearing and the other party was served notice of the action pending, and moves and consequently does not receive legal service of process by mail, then as long as you have the certificate of mailing for the third party showing that the process was sent, then the other party has had constructive notice, and it's not your problem anymore.

>
>On the off chance she does notify me of her change of address,
>must I notify the Court?

No. the other pary must notify the court of their change of address.