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Divorce Source Community Forums >> Child Removal Issues

PhoenixRising
Carpal \'Tunnel

Reged: 01/05/07
Posts: 3681
Loc: New York

Re: CP Moving in WI

08/17/08 06:58 PM

Are you saying that your lawyer told you that it is a good idea for you to move the children 138miles away from their father with only a couple days notice?

Are you saying that your lawyer told you that the court would not reverse placement and return the children to their father??

I am not sure if you are “mis-hearing” your attorney or if he is taking you for a ride.
What case law is he citing that supports your appeal and that supports you successfully moving 138miles away after you just lost a relocation case.

It won’t matter to the court if you put the kids in school in a new town. Your ex can file for an emergency reversal of placement. That way the kids can be moved back immediately with only missing a couple of days of school.

Then he files for a Clarification Petition, which asks your judge to clarify in writing that the purpose of the denial of relocation was the court’s desire that you continue to reside where you are. He then asks for a summary judgment (a decision not requiring a hearing because the matter has already been settled) that you be not allowed to move the children out of Podunk, Wisc without court approval.

Then you will be stuck with the choice of moving back to get your kids back or letting the reversal of placement become permanent and which time you can then exercise your constitutional right to move to Illinois.

Here are the questions germane to the issue at hand:

1. What is the legal basis for your Appeal? Appeals can only be filed if there was an error in application of the law or legal procedure. Wis. Stat. § 767.327 gives your judge total authority in his decision. There is no onus for a judge to adopt the GAL's recommendations.

2. What was the judge’s explanation for denying your request for relocation?? Those reasons will play a significant role in determining if the child/children are required to move back.

I understand that you do not think that the laws are fair to you. However, the current § 767.327 is relatively new; only adopted in 2000; based on the fact that Wisconsin promotes shared parenting. Giving overwhelming weight to the best interest of the child for you to remain in close proximity to the father.

You aren’t going to win this one and moving away is only going to further your ex’s case for reversal of placement. If your lawyer has told you different without providing you the case law to substantiate his opinion then:
Run Forest Run

PS: Motorboater is one of the fairest posters on this forum AND he has an uncanny ability to predict the outcome of many cases. He comes here to help people with no recompense. He is one of the good guys.

--------------------
Be kind, for everyone you meet is fighting a hard battle. --Plato

Post Extras

Entire topic
Subject	Posted by	Posted on
CP Moving in WI	lilmama2	08/16/08 10:51 PM
Re: CP Moving in WI	Debi	08/24/08 08:34 AM
Re: CP Moving in WI	Relayer	08/20/08 09:25 PM
Re: CP Moving in WI	PhoenixRising	08/17/08 06:58 PM
Re: CP Moving in WI	PhoenixRising	08/17/08 10:01 AM
Re: CP Moving in WI	lilmama2	08/17/08 10:19 AM
Re: CP Moving in WI	motorboater	08/17/08 04:54 PM
Re: CP Moving in WI	lilmama2	08/17/08 05:01 PM
Re: CP Moving in WI	motorboater	08/17/08 05:22 PM
Re: CP Moving in WI	lilmama2	08/17/08 05:34 PM
Re: CP Moving in WI	greeneyes	08/17/08 06:43 PM
Re: CP Moving in WI	lilmama2	08/17/08 07:00 PM
Re: CP Moving in WI	lilmama2	08/17/08 07:13 PM
Re: CP Moving in WI	lilmama2	08/17/08 07:22 PM
Re: CP Moving in WI	greeneyes	08/17/08 07:35 PM
Re: CP Moving in WI	lilmama2	08/17/08 07:57 PM
Re: CP Moving in WI	greeneyes	08/17/08 08:48 PM
Re: CP Moving in WI	lilmama2	08/17/08 07:23 PM
Re: CP Moving in WI	lilmama2	08/17/08 07:31 PM
Re: CP Moving in WI	motorboater	08/17/08 08:49 PM
Re: CP Moving in WI	jaiye	08/17/08 08:28 PM
Re: CP Moving in WI	lilmama2	08/17/08 08:42 PM
Re: CP Moving in WI	greeneyes	08/17/08 08:49 PM
Re: CP Moving in WI	lilmama2	08/17/08 09:12 PM
Re: CP Moving in WI	lilmama2	08/17/08 09:17 PM
Re: CP Moving in WI	motorboater	08/17/08 09:37 PM
Re: CP Moving in WI	lilmama2	08/17/08 10:15 PM
Re: CP Moving in WI	motorboater	08/17/08 10:28 PM
Re: CP Moving in WI	lilmama2	08/17/08 10:32 PM
Re: CP Moving in WI	motorboater	08/17/08 10:39 PM
Re: CP Moving in WI	greeneyes	08/17/08 10:35 PM
Re: CP Moving in WI	lilmama2	08/17/08 10:40 PM
Re: CP Moving in WI	motorboater	08/17/08 10:49 PM
Re: CP Moving in WI	greeneyes	08/17/08 10:44 PM
Re: CP Moving in WI	mommyof9	10/08/08 02:01 PM
Re: CP Moving in WI	DEFather	10/08/08 09:36 PM
Re: CP Moving in WI	lilmama2	08/17/08 10:50 PM
Re: CP Moving in WI	greeneyes	08/17/08 10:58 PM
Re: CP Moving in WI	lilmama2	08/17/08 11:02 PM
Re: CP Moving in WI	motorboater	08/17/08 11:38 PM
Re: CP Moving in WI	PhoenixRising	08/19/08 05:22 PM
Re: CP Moving in WI	BeckaLeigh	08/20/08 04:58 PM
Re: CP Moving in WI	finz	08/19/08 01:33 AM
Re: CP Moving in WI	greeneyes	08/17/08 11:03 PM
Re: CP Moving in WI	motorboater	08/17/08 10:57 PM
Re: CP Moving in WI	lilmama2	08/17/08 10:34 PM
Re: CP Moving in WI	greeneyes	08/17/08 10:36 PM
Re: CP Moving in WI	greeneyes	08/17/08 10:19 PM
Re: CP Moving in WI	lilmama2	08/17/08 10:24 PM
Re: CP Moving in WI	greeneyes	08/17/08 10:31 PM
Re: CP Moving in WI	greeneyes	08/17/08 07:09 PM
Re: CP Moving in WI	motorboater	08/17/08 06:10 PM
Re: CP Moving in WI	jaiye	08/17/08 05:52 PM
Re: CP Moving in WI	lilmama2	08/17/08 05:02 PM
Re: CP Moving in WI	Miranda	08/17/08 10:59 AM
Re: CP Moving in WI	lilmama2	08/17/08 11:51 AM
Re: CP Moving in WI	lilmama2	08/17/08 11:57 AM
Re: CP Moving in WI	PhoenixRising	08/17/08 03:58 PM
Re: CP Moving in WI	lilmama2	08/17/08 04:09 PM
Re: CP Moving in WI	PhoenixRising	08/17/08 04:17 PM
Re: CP Moving in WI	lilmama2	08/17/08 04:44 PM
Let me see if I understand...	greeneyes	08/17/08 06:42 PM
Re: CP Moving in WI	lilmama2	08/17/08 04:46 PM
Re: CP Moving in WI	PhoenixRising	08/17/08 04:16 PM

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