ALoren
recently joined
Reged: 10/23/12
Posts: 13
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My Wife, a few days after filing...moved out of the house. Further,
She removed numerous household items from our jointly owned home. She did not "clean me out". Actually the house looks better! LOL. But technically SHE DID REMOVE property to be negotiated.
This move was from one county (of jurisdication) to another (non jurisdiction).
There are no protective orders in place...ie no history or pattern of violence or abuse. Certainly...cohabitation can be trying...but nothing that I believe warrants relief from anything outside the norm of two people having disagreements. Again, she hasn't alleged such.
This move was accomplished when I was not home. In the meantime, I cannot, nor will I, verbally oppose this move. My Wife would become animated if I did so. I simply express my discontent and tell her that she does not have my consent to do so. I am avoiding "classic scenarios".
I did not give consent. In fact, I expressed my discontent with such a move.
She did not provide written notification.
She insists that this new home be the "new home" for my children. Until court orders are in place stating she be the Primary Residence, I disagree with her premise. I think she is "jumping the gun".
Is she in contempt of court? Does my submissive posture prevent me from filing for consent? Can submission be construed as consent?
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7139
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Depends. Are there any orders in place? You said she did this a few days after filing so I'm assuming not. We all know what the court "will" order in regards to property, but until it happens it's kind of fair game. List the items she took so you can bring it up when you do go to court. they will be addded to the list.
She doesn't need your consent to move. Once you've gone to court the judge could insist the kids must move back if it interferes with your parenting time, however a judge can't insist she move anywhere.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6481
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You would have to HAVE a court order saying she MUST do something, then have her NOT do it, for her to be held in contempt.
She also doesn't need your consent to move. She should have your consent to move the kids far away, but if she wants a divorce and you both agree she will be the custodial parent and she can't afford your house, then obviously she has to move somewhere.
What do you think she is jumping the gun on ? Ending the marriage or presuming she will be the custodial parent ? Your other posts talk about her being a SAHP and imply she would be the custodial parent.
Written notification might be required if she wanted to move from CT to Ohio, but she doesn't have to give written notification before leaving you. In the case of a long distance move, a judge could require the kids be moved back to your 'area', but even at opposite neds of CT you wouldn't be THAT far away from each other to make coparenting work.
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