Custodial parent taking kids out of state without notice


#1

I just learned my STBX (who has primary custody) is taking my kids out of state this weekend (it’s my weekend plus it’s Father’s day). I learned about this from one of my kids. My STBX has not said anything to be about this nor will she return any of my phone calls. In our custody agreement, it says 10 days notice must be given prior to any vacation plans or going out of state.

My kids told me she planned this suddenly and they have no idea why she’s going. It wouldn’t surprise me if she met someone on the internet and is going to meet him in Ohio, which could possibly put my kids safety in jeopardy.

What can I do to stop her?


#2

Also wanted to state that both our attorneys have been dismissed after our ED trial. So would we both have to re-hire attorney’s regarding any custody issues that may come up now or in the future?


#3

** not a lawyer **

If I were you, I would look into filing an emergency ex parte order and show proof that your ex won’t return your calls. You cited that she may be meeting someone so if there is any type of proof that has happened before, I would use that as well. If the judge believes you meet the criteria for emergency custody then they would not allow her to take them out of state.


#4

If a party won’t follow the court order or agreement, you need to file a motion for contempt or a child custody claim to have the court put these provisions in a court order.