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  #1  
Old 08-06-2006, 10:47 PM
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Join Date: Aug 2006
Posts: 1

Can he stop her from moving?


What is the name of your state? Arizona

My husband visitation during every one of his children's school breaks. Since July of 2004 he has only bee permitted by mom to see the kids for 3 weeks and he had to file an emergency petition just to get that time. I am a paralegal (student but do some freelance for experience) and am unsure how to handle this situation.... He is wondering if he can request from the courts that she be strictly prohibited from removing the children from the continental United States. Her husband is military and should be up for orders soon. We also know that he has put places outside of the Continental United States on his Dream Sheet so it is likely that he might get re-assigned the next year or so. Since mom is obviously incapable of properly facilitating visitation right now would he stand a chance of requesting this from the court?
  #2  
Old 08-07-2006, 06:09 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 33,613
What does the court order say? That is the first place to start.
Then, has dad tried to exercise his visitation at every opportunity that the court order gives him?
Then, if he has been denied (e.g. mom saying no is not a denial -- mom not showing up at the drop off site when dad does is a denial) has he filed contempt against mom? If he hasn't filed contempt why not?
  #3  
Old 08-07-2006, 11:38 AM
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Join Date: May 2004
Posts: 43,077
Quote:
Originally Posted by Ohiogal
What does the court order say? That is the first place to start.
Then, has dad tried to exercise his visitation at every opportunity that the court order gives him?
Then, if he has been denied (e.g. mom saying no is not a denial -- mom not showing up at the drop off site when dad does is a denial) has he filed contempt against mom? If he hasn't filed contempt why not?
I agree that dad needs to make sure that he is enforcing what the court orders say regarding visitation.

I would like to add however that whether or not he can prevent a military move out of the country is iffy....particularly if the distance between them is already such that he only sees the kids on school breaks. That same schedule or something similar could be maintained even if they were temporarily living overseas. It also could be a serious cultural opportunity for the children.
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