Visitation/Transportation

I am active duty military my divorce was granted in Idaho in 1995. I am stationed in North Dakota now and my ex-wife and now 9 yr son moved to Michigan shortly after our divorce. In our divorce the transportation is to be divided equally. She didn't pay her half of a round trip plane ticket at my Christmas in 1998 and still refuses. So this Easter (2000) since she refused to split a plane ticket I bought a one way ticket she said she was through paying travel costs. I had this discussion with her on 29 March 2000. She put him on the plane with his one way ticket on Friday 21 April 2000 knowing that I was not buying a return ticket. And is now saying if I do not have him back to her by the time school starts (1 May 2000 that she will call the police for kidnapping. I told her she needs to get him transportation, she refuses and says that it is my responsibility. Am I obligated for return travel, and can I be arrested for kidnapping if I do not have him back to her at the end of his Easter break?
Thank You. Sincerely, John W. Placer

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jwp88_98:
[b]I am active duty military my divorce was granted in Idaho in 1995. I am stationed in North Dakota now and my ex-wife and now 9 yr son moved to Michigan shortly after our divorce. In our divorce the transportation is to be divided equally. She didn't pay her half of a round trip plane ticket at my Christmas in 1998 and still refuses. So this Easter (2000) since she refused to split a plane ticket I bought a one way ticket she said she was through paying travel costs. I had this discussion with her on 29 March 2000. She put him on the plane with his one way ticket on Friday 21 April 2000 knowing that I was not buying a return ticket. And is now saying if I do not have him back to her by the time school starts (1 May 2000 that she will call the police for kidnapping. I told her she needs to get him transportation, she refuses and says that it is my responsibility. Am I obligated for return travel, and can I be arrested for kidnapping if I do not have him back to her at the end of his Easter break?
Thank You. Sincerely, John W. Placer [/b]<HR></BLOCKQUOTE>


My response:

She's kinda recalcitrant, isn't she. Anyway, you can't kidnap a person that was given to you, especially in light of the current court orders. She's on the hook for return plane expenses, and if she doesn't pay, it's her fault, not yours. All you have to do is show any officer the court orders. Since a Michigan court now has jurisdiction over the child, I would turn the matter around on her, and file a petition with the Michigan court to have her cited and fined for Contempt of Court, and to have the Michigan court enforce the terms of the agreement, along with payment to you of any arrears for transportation, which they will do. I hope you kept your receipts.

IAAL


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