advice on refuting a move away custody evaluation in California?

[calidad]

My ex uNPD/PBD tried to relocate the kids without my permission last year and move them 90 miles away. Under threat of having the police called she stopped and filed for a move-away. Her father is wealthy so he wrote her a blank check.

She lied up and down to the custody evaluator while I told the truth. I got the sense he was biased as he was really condescending and almost hostile towards me in our interviews. I volunteer in the school and work from home while my ex works 11 hour days (the kids are only awake 12!).

In any case, he bought into her bull___ and has recommended that they go with her under the assumption that she moves. He ignored a number of major facts including that she is keeping her apartment here and has already stated she will not move if the judge rules against her. He also refused to interview several of my witnesses who could confirm most of the facts.

So my question is this - the evaluation and the law in California states that the court should make a determination assuming the person is moving. However, in this case she has already said she doesn't need to and won't move if the court rules against her.

Has anyone had a similar case? I'm looking to determine if I can use that angle - that the custody evaluation is not only biased, but irrelevant since she's said she's not moving without the kids.

Any other words of wisdom?

[ForeverDad]

If I wanted to move and it had to be decided by court or CE and the outcome wasn't in my favor, I too might reconsider moving and even cancel it.  So for that aspect I wonder whether you're overly focused on what may not mean much.

I would consider that you working from home versus her away working 11 hours a day as a factor that may mean more than her iffiness on moving.  By itself it may not succeed since mothers often get unwritten default preference.  The court or evaluation could just hide behind the opinion "she has been majority time parent so insufficient reason to change it."

What percentage of time do you have in the schedule?  Who is Residential Parent for School Purposes?  Do you have any other reasons to keep the kids local?