Family Law Questions? Ask a Family Lawyer Online.
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.
Why does the ex wife not want you to move? Do you have custody of the kids?
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
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?
So, the Judge already ordered you to not leave, in March? Were you already in court on this issue?
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?
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.