how to prevent parent from leaving state before too late...

[njellica62]

This is the situation...joint custody of 2 boys...mother is planning on leaving Mi without court permission to Fla.(Tickets are purchased already 1-way).16 yr old (17 in Dec)refuses to go and has been waiting for school to be let out so he can tell judge he wants to live with dad.We know he will be forced to go....but he plans on running away till the court date of July 17 comes around.Will my fiance' be arrested if Joey(16)hides out with us...we can put him up in a hotel...but fear the consequences.Getting him back will be costly and can not afford to have a lawyer to extradite ma and both sons back.It is in divorce decree...must have court approval even to vacation out of state...she does not care at all nor does her married boyfriend who also plans on removing his 3 children from his current wife.Please help...we can not let Joey go...and we can't get a quicker court date.

 

[morning_angel]

Go to the court immediately and file to have her ordered NOT to remove the children from the state. (ex parte, I think it's called??)

According to MI law, 722.31 Legal residence change of child whose parental custody governed by court order.
Sec. 11. (1) A child whose parental custody is governed by court order has, for the purposes of this section, a legal residence with each parent. Except as otherwise provided in this section, a parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child's legal residence at the time of the commencement of the action in which the order is issued.

http://michiganlegislature.org/law/GetObject.asp?objName=722-31&queryid=1517889&highlight=child+custody+#1

Then file for change in custody.

Good Luck!

 

[Ambr]

and it isn't a good idea to encourage the child to run away and hide him out until the court date. unless i miss my mark, think there could be some criminal charges for that - not to mention making you look really bad for court.