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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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I had sole physical and shared joint legal custody of my ...

Customer Question

I had sole physical and shared joint legal custody of my two children ages 14 and 10.    They have not seen their dad for 4 years. we moved from ma to sc in august and i have started my business. my daughter didnt do well & began communication with dad to move back as she missed friends, etc. my son does better than ever. he's a great big brother to 3 1/2 year old step bro, in dance, karate, and has too many friends. both kids visited their dad for xmas with kelsey to remain and my son, 10 to return. while there my x filed an ex parte motion & ended up able to keep both kids. i checked ex parte and it all talks about violence, etc. his big emergency was school started jan 2nd and he wanted them both to stay & go to school there. I wasnt notified. my son is a mess. he never expected to stay. i visited last weekend to be sure he knows how much i love him. how can i reverse this/ it was based on my move & keeping kids together. what about little brother, my sons wishes?
Submitted: 9 years ago.
Category: Family Law
Expert:  dkennedy replied 9 years ago.


"Ex parte" just means he did it "one-sided" without the knowledge of the other person. You need to get a copy of that court petition and order. It is usually not done, except in extreme emergency situations. Do not let this happen. Get a lawyer in MA and he/she can file a Motion to Set Aside Order or something similar and point out that your ex lied. He did this, I am sure, to get out of paying support, and possibly to "get even" with you for moving his kids away. If you cannot get a lawyer, file it yourself. Put the case name and court number on a paper and write it in the form of a letter if you have to, to the judge. Good luck.

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