I am a single mother to two young children (6& 9), and my ex husband owes us $6,808 and has a pattern of not fulfiling his financial obligations. In addition I lost my job. In Israel i have a supportive family , job connections and rights as returning citizen. Do I have a case? Can I win this case and be able to move with my children to Israel? I am ready to negotiate alimony reduction etc.. My ex does not agree. Can the court decide?
You may very well ultimately be granted permission to relocate to Isreal. First, you would have to file a Motion with the court seeking the appropriate relief (absent being able to finalize an agreement with you ex). Provided you have previously be granted primary, residential custody of the children within an Order of the court your burden of proof may not be too difficult to overcome, i.e. you need to establish a "good faith" reason for the relocation (you appear to have one), and you need to put forth a showing that it is not bad for the children, i.e. that they will have similar education opportunities available; that they will still be able to see their father; etc...
Unfortunately, relocation is a complex matter beyond the scope of this forum. Accordingly, you should meet with an experienced family law attorney as soon as possible.
Kenneth A. White, Esq.
New Jersey Family Law Attorney
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
Personal Injury Lawyer
Yes. An attorney needs to file a motion for relocation on your behalf. The judge will have a hearing based on case of "Baures v Lewis." You can google this case and review the standard of proof you need to meet.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Custody decisions, including where the children will live, are determined by agreement or by the court. The court's focus will be what is in the children's best interests.
This post is not legal advice and does not create a confidential attorney-client relationship. It is being offered for informational purposes only. You should not relay any confidential or priviliged material in this public forum. You should not rely on this post as legal advice. In order to obtain a more comprehensive answer to your question you should consult with an attorney of your choosing.
You may ask the court to relocate but your likelihood of success depends on a lot of things that would have to be analyzed including but not limited to, the terms of your divorce agreement, current custody arrangement, reason for move, your future plan to allow the father parenting time, and then we would have to determine which standard of law applies according to the case law. Relocation/removal applications to the court can be complicated, not easy, and costly. The courts take a request like this very seriously and so you need to make sure you have a legal and legitimate grounds before you proceed.