Visitation & Taking Children Out of the Area


#1

My ex and I divorced and have a support and custody agreement (not through the court). Due to our past history (he tries to use the kids against me, lies continuously), I later added an Amendment to the agreement stating that he cannot take the kids out of the specific counties (the one that he lives in and the one that I live in) without my prior approval at least 3 days in advance of when he is taking them. He signed the Amendment and had his signature notarized. During his last visitation, I found out (by accident) that he took our young children out of the area – after he had told me 24 hours earlier (when he picked them up) that he was NOT taking them out of the area. He says that he does not have to abide by the amendment, that he can take the children wherever he wants without my permission, and that the amendment “violates” his rights. Per the custody agreement though, I have custody and he has (limited) visitation only.

My question is: Since I have custody, am I entitled to know if he takes our children out of the area, BEFORE he does it? He had blatantly lied to me about not taking them when he picked them up, and then did it anyway.

Thanks.


#2

A breach of contract action would be most appropriate here. You may want to file for custody as well, to formalize your arrangment with the courts, but what he is doing right now is considered a breach.


#3

Thanks, Crystal.

Do I file the breach action, and the custody action, in the county that I live in, or the county that he lives in (neighboring counties)? Does it matter?

Thanks again for your help.


#4

You can file either claim in either county, but if it’s not too inconvenient for you, you may want to file in your ex’s county because he/she can file for a change of venue anyway.


#5

That works for me, since I work in his county and right next to the courthouse.

Thank you so much for your help. I will undoubtedly be back again for yet another question. :slight_smile:


#6

You are welcome! I am glad I could help.