Per WI Statue I mailed my ex a certified letter with my intent to move out of state with our kids. I gave court a copy along with proof he was served. He has 15 days to respond to me with an objection (through certificated mail I thought) & give court a copy. I have yet to receive a copy of his letter, I am at day 9 of 15. However I looked on our local court website & last Friday (day 5) my ex took a copy of the letter he supposedly gave/wrote me to court. Mediation is now ordered & I can not move with the kids until this is resolved. When I called the Family Court asst she said to speak to an attorney. As far as she's aware his copy to them did not need to include proof of service on me. He told them I got a copy of his letter. I am frustrated! What if I don't get a letter by day 15???
Wis. Stats. sec 767.481(2)(b) states "if the parent who is proposing the move or removal receives a notice of objection under paragraph (a) within 20 days of sending notice under sub. (1)(a), the parent may not move with or remove the child...". Firstly, you must wait until 20 days have passed after you sent the notice, not 15. Secondly, his objection does not need to be by certified mail, only that you receive it within 20 days of when you sent your notice. If you do not receive his written objection within 20 days of when you sent your notice, the statute allows you to move/relocate pending a resolution of matter by the court. However, this does not mean that the court does not have the authority to order the child's return. I hope this helps.
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