Legal Question in Family Law in Virginia

My ex-husband and I have a standing custody order in place that spells out astringent stipulations to move my daughter (with my current husband) to England. I understand that my ex's lawyer put the fear in my ex-husband that I could potentially kidnap our daughter and not bring her back. (My ex sees our daughter only once or twice a year and only for a few weeks. He is not very involved and is stationed in North Dakota.) His lawyer put in that I would have to register annually with The Hague and file other paperwork in multiple courts in England. (Registering with The Hague is not logistically possible.)
The relationship with my ex-husband and myself has changed for the better since that court order was issued. We talk more freely now and have an understanding of what is best for Kaitlyn. He doesn't feel at all that I would kidnap our daughter or keep her from him at all. We both have talked and have agreed that the court order needs to be changed because it's a logistical nightmare and impossible in some aspects.
My questions are:
-We both are consenting to this modification, what do we have to do to make it a reality?
-Can we file a modification in our court without seeing the judge if we have a notarized document? (We currently live in Virginia and he lives in North Dakota and he is deploying this year.)

Asked on 9/07/12, 6:16 am

Michael Hendrickson Law Office Michael E. Hendrickson

0 users found helpful

0 attorneys agreed

If the order is in circuit court, you will likely need an attrorney to

prepare and file the paperwork necessary for the modification.

However, if jurisdiction has been transferred to the lower J&DR;court,

you should be able to prepare the paperwork necessary for the

modification at the clerk's office.

In either of the above situations, no hearing should be necessary if both

parties have consented to the modification.

Answered on 9/07/12, 7:20 am

Keywords

Match Any Match All

Country

State

Area of Law