My ex served me with notice of intended relocation in September. I filed my objection in October and served her with her response. The house that she was moving to has now fallen through. So, she intends to move into a different property. Does she need to file a new notice of intended relocation as the address is not the original one that she stated?
Is the property still near the original property that she was planning on moving to? If she is pro se, the court will likely not require a new Notice of Relocation as she already provided you with one containing the pertinent information and it sounds like she has provided you with the new and updated address. As an attorney, I would file an amended Notice of my client's but the address of the new residence doesn't necessarily change any of the facts or cause any harm to you if she doesn't file a new or amended one - you know the children are still moving and where and have objected, that is really what the main concern is. The court is likely not to focus on a technicality but rather review the necessary statutory factors for determining a relocation and decide upon those. As a majority parent, there is a presumption she will be allowed to relocate. That is a very difficult presumption to overcome. I would suggest that you consult with an attorney as soon as possible before your hearing on your objection to make sure that you are prepared and ready to address the statutory factors of a relocation.
If you did not file a motion to prevent her from relocoating on a temporary basis, she is able to move with the child until trial.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
The Relocation Act does not specifically answer this question. My own take on it is that your ex probably does not have to file a new Notice; she can just file an Amended Notice. Either way you will be given a chance to address the proposed move. You should immediately file a Motion to Restrain Relocation, and for Temporary Orders. See my AVVO Legal Guides on relocation for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Legal Guides, click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my Legal Guides and select the topics relevant to your question. If you like my Answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement
©Bruce Clement. This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
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