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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13568
Experience:  19+ Years of Legal Practice in Family law matters.
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I was meant to move by a specific date but my ex wifes

Customer Question

I was meant to move by a specific date but my ex wifes attorney filed a motion stopping me moving. they are no arguing that because i passed the date i lost my right to move. whats its called in a motion when you cant move because you are compelled not to by the other parties motion
Submitted: 1 year ago.
Category: Family Law
Expert:  AlexiaEsq. replied 1 year ago.

Hi, my name is***** and I am here to assist you. I am a lawyer, but likely not in your state. As such, as per the rules, I can provide you general information on your topic, but not specific advice to your about your legal situation. Rather, I arm you with knowledge you can use to help yourself or become informed. Please let me know my post is coming through alright by sending me a quick reply, so I can move forward and devote time here to you.

Customer: replied 1 year ago.
hi your post came through.
Expert:  AlexiaEsq. replied 1 year ago.

Why does the ex wife not want you to move? Do you have custody of the kids?

Customer: replied 1 year ago.
i have 100% custody and 100% decision making. She lived in california and i was given permission by the separation agreement to move to ny. i was meant to move during 2015/16 school year and didnt because ex wife rang all landlords saying i was a terrible tenant. When i did secure somewere she filed a motion saying i had to move prior to the school year which i didnt. now they are arguing i didnt move during the school year so i have lost my right. i am drafting a response to their motion and know there is a specific phrase for when you dont meet a deadline because they filed a motion to stop you so the time frame passed but your right is not removed
Expert:  AlexiaEsq. replied 1 year ago.

Was there anything in your separation agreement that stated you were to move by a particular time, i.e the 2015/16 school year? ------- It would seem to me that there would be no sense to saying, have to move in the middle of the school year, but NOT be allowed to move over the summer. I mean,the latter would not disrupt a school year while the former would, so what is the argument about the latter? Also, the NEXT school year, arguably, does not start until the first day of school, so Aug or Sept something.

Also, do you have proof of the interference she engaged in with each landlord? How did she get the

Expert:  AlexiaEsq. replied 1 year ago.

You are looking for a "phrase", but are you saying you DID miss a deadline? Or that you will miss the deadline due to staying to fight the motion?

Customer: replied 1 year ago.
the separation agreement says father represents he will be moving to ny with the children for the 2015-16 school year. father represents he will reside in ny for the remainder of the childrens schooling and will need a court order to leave the state of nythe judge said at our hearing said dont go anywhere mr rose
Customer: replied 1 year ago.
this was in march and the hearing was set for august 19th
Expert:  AlexiaEsq. replied 1 year ago.

So, the Judge already ordered you to not leave, in March? Were you already in court on this issue?

Customer: replied 1 year ago.
i told my ex i was moving and she was objecting that a mid year move was damaging to the children but i knew if i didnt go she would pull this
Expert:  AlexiaEsq. replied 1 year ago.

Please clarify: So she had you in court on this in March, and the Judge ordered you not to move... what, temporary order, pending the hearing in August?

Customer: replied 1 year ago.
There was never an order just a statement in transcript
Expert:  AlexiaEsq. replied 1 year ago.

OK, generally, a Judge's verbal order holds water, so if you violate what he told you not to do, you could land yourself in hot water, unfortunately. It can also effect, potentially, future custody/visitation - under the theory that the custodial parent has to be one that follows court orders.

With regard to the phrase you are seeking, it is far from clear, but the word "stay" or "stayed" is often used when a right or order is, at least temporarily, not to be enforced or allowed. For instance, someone can win a motion for X action, and then that order allowing X action can be "stayed" pending appeal. The staying tends to occur if the X action is irreversible and there is reason to believe it could be damaging. That said, I realize this puts you in a bind, but if you can prove (and if the Judge will entertain your proofs - sometimes they simply don't want to hear it because they want to move their docket faster - and this can end up being where truth and justice don't prevail) -- but if you can prove that BUT FOR your ex's interference in your attempts to rent in NY a place where you could make a home for the kids, you'd have been gone when you were planning to, you may be able to get her unclean hands before the Judge, so he realizes that she has been playing the system.