Legal Implications of Moving Without Notification in North Dakota
In North Dakota, the law is clear about the obligations of a parent who has been granted custodial responsibility during deployment. According to North Dakota Century Code 14-09.3-05 (106), the individual is required to notify the deploying parent and any other individual with custodial responsibility of a child of any change in their mailing address or residence until the grant is terminated. This notification must also be provided to any court that has issued a custody or child support order concerning the child which is in effect.
Consequences of Non-Compliance
Failure to comply with this requirement can have serious legal implications. In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent’s efforts to comply with this section. If a parent moves without notifying the other parent or the court, it could be seen as a violation of the law and could potentially impact future custody decisions.
Legal Remedies
If your ex moves without notifying you, there are several legal remedies available. Firstly, you can file a motion in court to enforce the notification requirement. The court can then order the other parent to comply with the law and provide the necessary information.
Secondly, if the move has resulted in a significant change in circumstances, you may be able to request a modification of the custody order. According to North Dakota Century Code 14-09.3-05, a change in primary residential responsibility for the child for longer than six months could be grounds for modification. However, the court will only consider this if the moving party has established a prima facie case justifying a modification.
Legal Proceedings
In the event of legal proceedings, it’s important to note that if a party dies after a verdict is rendered or an order for judgment is made, the action does not abate, and substitution of parties must be allowed as per North Dakota Rules of Court, Rule 25(a)(3). This rule ensures that the legal proceedings can continue even in the event of a party’s death.
Emergency Orders
In some cases, an ex parte interim order may be issued. This can include provisions relating to temporary parental rights and responsibilities, support and other appropriate expenses, use of real or personal property, restraining and eviction as per North Dakota Rules of Court, Rule 8.2(a)(3). However, if there has been an appearance in the action by the opposing party, or if the attorney for the moving party has knowledge that the opposing party is represented by an attorney, the court must attempt to hold an emergency hearing before issuing any order.
In conclusion, if your ex moves without notifying you, it’s crucial to seek legal advice to understand your rights and the potential legal remedies available to you. Always ensure to comply with the legal requirements set out in the North Dakota Century Code and the North Dakota Rules of Court to protect your interests and those of your child.