West Virginia Parental Relocation Notice (Page 5 of 5) in pdf

STEP 4.

PREPARING FOR A HEARING.

At a hearing, you will need to prove your relocation is in good faith, for a proper purpose, and to

a location that is reasonable to achieve the purpose of your move. You also should be prepared to

propose specific ways in which the custodial responsibilities under the current court-ordered Parenting

Plan should be changed as a result of your relocation. You also may need to show how the other parent

can reasonably accommodate the Parenting Plan changes you are proposing. How you will present your

case, and what you will need to prove will depend on the particular nature of your relocation plans, the

changes you are proposing in the Parenting Plan, and the other parent’s response to your plans and

proposals. Here are some tips to help you prepare for a hearing.

Allow plenty of time to prepare.

Make a plan for how you will present your case. Generally speaking, you can prove your case by

your testimony, by the testimony of other witnesses, and by documents or records. List the things you

want to prove, and for each item, list how you will prove it, by witness testimony, or a document, for

example.

Make sure you have requested all necessary witness subpoenas. If you know you will need a

witness to testify at the hearing, and you’re not certain the witness will voluntarily show up, you will need

to subpoena that witness. Witness subpoenas are handled through the Circuit Clerk’s Office. To obtain a

witness subpoena, you need to provide the Deputy Circuit Clerk with the name and address of the

witness, and pay a Clerk’s fee of 50¢ per subpoena, and a service fee of $25 per subpoena, unless your

fees have been waived. You should request witness subpoenas at least 10 days before the hearing. If you

cannot afford to pay the subpoena fees, you may qualify for the fee waiver. You can obtain the fee

waiver form from the Circuit Clerk’s Office.

Step 5 explains what happens after the hearing.

STEP 5.

WHAT HAPPENS AFTER THE HEARING?

The Family Court Judge will consider the evidence presented at the hearing, and make a decision.

That decision will be written down in an Order, and copies will be sent to the parties.

SCA-FC-130: WV Parental Relocation Notice Instructions

Page 5 of 5

Review Date: 10/2015; Revision Date: 10/2015;

WVSCA Approved: 2/9/2016

West Virginia Parental Relocation Notice Page 5