How can an ex-spouse get court permission to move-out-of-state with their children?

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How can an ex-spouse get court permission to move-out-of-state with their children?

My sister’s ex-husband is a lawyer. He used his position and knowledge to manipulate and control the outcome of the divorce in his favor. As a consequence my sister cannot leave the state (VA)with her children. She is emotionally scarred from the marriage. Her ex-husband does not care for the kids but will not agree to her moving with the kids to UT with family. How can we get her and the children home where we can support them?

Asked on November 22, 2010 under Family Law, Utah

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From your information, I assume that your sister's divorce was filed in VA.  It would be advisable for your sister to have an attorney.  If that is not feasible, she could file  a court form called Order to Show Cause.  This will allow her to petition the court for a hearing.  She will need to complete the applicable sections of the form stating the type of relief she is seeking- being allowed to move to Utah and state the reasons.  With the Order to Show Cause, she should also file an Application for Order and Supporting  Declaration.  This will allow her to state in more detail the relief she is seeking and her reasons.  Her declaration should be signed under penalty of perjury.  When she has completed these forms, file them with the VA court with a proof of service.  The court will set a date for the hearing.  The proof of service verifies the date of mailing these documents to her ex-husband.  She can either obtain a court form proof of service or just write her own.  The proof of service would just say that she is over 18 and the attached documents were sent via first class mail unless otherwise specified to ________ (name and address of ex-husband) on ______ (date).  The date of mailing should be the same date she signs the proof of service and the same date the documents are filed with the court.  It would be advisable for your sister to check with the court clerk in VA regarding the names of these forms I have mentioned because VA might have different names for the applicable forms.


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