NOTICE OF MOTION TO STOP CHILD RELOCATION
You are notified that on _______________ (Date) at ________ (Time), or as soon thereafter as Insert can be heard, in Courtroom ___ of Insert at the Courthouse at _____________________________________________ (Address).
Insert will bring on for hearing this Motion to Stop Child Relocation for the reasons stated in the attached Motion.
Dated:
Respectfully Submitted,
______________________________
Francisco Balbuena
561 Candle Light Ln
Hazelwood, MO 63042
Insert Phone Number
Insert Email
MEMORANDUM IN SUPPORT OF MOTION TO STOP CHILD RELOCATION
NOW COMES Francisco Balbuena, Insert, and brings this Motion to Stop Child Relocation against Stephanie Balbuena, Insert, and hereby avers as follows:
- Insert and Insert have a Custody and Visitation Schedule pursuant to an Order issued by this Honorable Court on Insert Date.
- Insert received Notice of Child Relocation in the form of a letter dated 05/03/2021 (the “Notice”). Insert stated that she would be relocating to California with our daughter on 06/16/2021 because of PCS orders to relocate to California.
- Section 452.377(2) of the Revised Statutes of Missouri states in part as follows: “Notice of a proposed relocation of the residence of the child, or any party entitled to custody or visitation of the child, shall be given in writing by certified mail, return receipt requested, to any party with custody or visitation rights. Absent exigent circumstances as determined by a court with jurisdiction, written notice shall be provided at least sixty days in advance of the proposed relocation.”
- The Notice sent by Insert to Insert was dated 05/03/2021 and received by Insert on Insert Date.
- Going by the date on the letter (05/03/2021), the Notice sent by Insert does not meet the 60-day notice requirement of Section 452.377(2) of the Revised Statutes of Missouri.
- Insert intention to relocate with our daughter to California will hamper my good relationship with her because I will not always be available to cross to another state every time as per the current visitation schedule. The planned relocation will adversely affect the stable and nurturing relationship between Insert and his daughter. It will be expensive too.
- Many of our family members reside in Missouri. Our daughter has a good relationship with them. They love her and they enjoy each other’s company. Our daughter also has friends in Missouri. Moving to California would be a disruption of our daughter’s life. This is not in the best interests of our daughter.
- Insert alleges that she has PCS orders to relocate to California. Insert has provided no proof of such orders.
- Insert’s planned relocation to California is with malicious intent to limit or deny Insert access to his daughter. The Notice served upon Insert is an abuse of process.
- Insert’s planned relocation to California will not improve the quality of life of our daughter.
- Insert is of the belief that Insert plans to relocate to fulfil her current husband’s orders. All along, Insert knew she was going to move with her husband to California. Insert sent the 43-day Notice so that Insert would not have enough time to respond.
- Insert has not proved that her relocation with our daughter to California is in her best interests.
REASONS WHEREFORE, Insert respectfully requests from this Honorable Court an Order stopping the relocation of Insert with our daughter.
Date:
Respectfully Submitted,
______________________________
Francisco Balbuena
561 Candle Light Ln
Hazelwood, MO 63042
Insert Phone Number
Insert Email
VERIFICATION
I, Francisco Balbuena, being duly sworn depose and say that I am the _____ in the above entitled action, that I have read the foregoing _____ and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this _____ day of ____________________, 2021.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:
(Name of Attorney), Attorney at Law
Dated:
Respectfully Submitted,
______________________________
Francisco Balbuena
561 Candle Light Ln
Hazelwood, MO 63042
Insert Phone Number
Insert Email
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