Can the Continuance stop me from relocating?

Who sent the notice - your lawyer, his or the court? If it were me I'd be in court ready to conduct business. The judge does not have to grant a continuance. Normally they do but I'd object because all parties have had time to sit down and discuss the move and come to an agreement to present to the judge but your ex has refused. His only objection is that he will be farther away from the children. Your big selling point is that the chidlren will be provided with all of the benefits provided to military dependents including medical care, a more stable lifestyle and opportunites, etc. You have to make it sound like the kids are better off with the move and are looking forward to it. Remember it's the kids that are the center of attention not your ex who doesn't want to spend time driving and seeing them. Add that to the original visitation and custody conditions and if the judge has any common sense, he'll allow you to go and tell you to get a plan together priot to the move. I find it hard to believe that two days before the hearing you getting a letter for a no show. A week or so earlier is more plausible. Sounds like a delay tactic to get your flustered - don't let em get to you.

Call the court house and make sure that there is a continuance. If the notice came from the court,then it is true,if from the lawyers office,that may very well be true also. You need confirnmation from the court,other wise if you don't get confirnmation and you don't show up then the court will not grant the motion. I would not advise that you move out of state before getting the approval of the court, VA is a state that stipulates that you need the written consent from the non-custodial parent,or from the court. You may have to postpon going and go after the hearing,I would also not sujest that yu leave the child/children with youur ex,and go,because then he can just file an Emg. hearing asking for tempory custody until the hearing. I am sure that this was probary planned by the attorney,the odds of the attorney being gone fo two days is none to slim,but possible. Just be carefull in the decitions you make before the court hearing. You also should never asume that the court is going to allow you the move,making plans prior to the hearing is differcult, if the court does not allow you to take the children,you know that the father will get custody,if you go. I am just trying to perpare yu for that option,hopefully the court will allow you to relocate.

We are scheduled for court tomorrow October 2nd and his attorney cc'd me in a letter that he faxed to the court telling them that he was unavailable and wanted a continuance. I filed the paperwork in July 09 to try to avoid all this, I couldve done it a lot later as the relocation is not to take place until late November. And I feel that the kids would be better off relocating at the beginning of the school year.

We went to court and the judge stated that the continuance guidelines were followed so she was willing to grant the continuance. I didnt have any objections since she said the guidelines were followed. When the clerk began looking for dates, the first date she came up with was Dec. 22 which I couldnt do because I am scheduled to give birth that day, then she gave Jan 8, which I cant do because I will be recovering since this will be my third c-section. I made the judge aware of that and she told the clerk to look for a date this month, the clerk gave her next Thursday, I was happy with that date!