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Is there anything I can do about my ex she moved out of state, I was going to file an emergency motion but she moved early

Newark, NJ |

My ex wont give me the address to where my kids are, I was on my way to file an emergency motion to find out shed moved almost a month earlier than she said she was. So I didnt file the motion I need to know what I can do even if i file a motion i dont know where she lives to mail it to her ive asked repeatedly for the address all she says is mail it to her mothers if i mail it there will the courts accept that as me trying to notify her?? I dont know what i can do now

Attorney Answers 3


  1. This is a very sensitive and complicated matter. You should meet with an experienced family law attorney as soon as possible to discuss you options. Providing New Jersey has had jurisdiction over the children you can and should file an Order to Show Cause immediately seeking the childrens immediate return to the state, etc...

    Do not hesitate as the more time that goes by less options will be available to you.

    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.


  2. You have every right to know where you kids are living at all times. You should retain an attorney as soon as possible to make sure that you are kept "in the loop" and able to see your kids.

    Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: bgkelsen@kelsenlaw.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.


  3. Assuming there's no DV, I'd file a motion (or, better yet, an order to show cause - request for emergency order), served on her last known address, asking for a change in custody until she appears in court and answers for her violation of your right to know where the children are. Also could ask the judge to order probation to stop dispersing child support (they'll still collect it, but it'll be held - she won't get it) until she appears in court.

    You'd do better with counsel, but if that's not possible, go to the courthouse and talk to the people in case management - they should have forms for you to fill out.

    IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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