Temp child custody order jurisdiction - old state or new state of residence?

[BuffettFan]

What is the name of your state? Kansas
My soon to be exwife and I signed a child custody agreement for our children during the formal separation process in North Carolina. There was an agreement specifically mentioned in there that the temp order was to be filed in the state we moved to within 30 days. Kansas is where we're now both located along with our children and she is refusing to file the paperwork and isn't following the agreement for visitation and required therapy for the kids.

Who has jurisdiction to enforce the child custody orders if they haven't been filed with the court in Kansas? Does Kansas recognize a temporary custody order out of North Carolina?

For example if I or she just kept the kids and didn't drop them off at the agreed times how would that be enforced here? I'm paying an obnoxious amount of child support, do I have to continue paying it if she's not abiding by the order?

 

[doucar]

Why don't you file the order?
Yes you have to keep paying until it is changed by a judge.
Visitation is not tied to support paymdents.

 

[LdiJ]

What is the name of your state? Kansas
My soon to be exwife and I signed a child custody agreement for our children during the formal separation process in North Carolina. There was an agreement specifically mentioned in there that the temp order was to be filed in the state we moved to within 30 days. Kansas is where we're now both located along with our children and she is refusing to file the paperwork and isn't following the agreement for visitation and required therapy for the kids.

Who has jurisdiction to enforce the child custody orders if they haven't been filed with the court in Kansas? Does Kansas recognize a temporary custody order out of North Carolina?

For example if I or she just kept the kids and didn't drop them off at the agreed times how would that be enforced here? I'm paying an obnoxious amount of child support, do I have to continue paying it if she's not abiding by the order?

I agree with Doucar, if she won't file the order you should do it yourself. However, is this an actual court order or simply an agreement that you and she signed, that was never filed with any court?

 

[BuffettFan]

I agree with Doucar, if she won't file the order you should do it yourself. However, is this an actual court order or simply an agreement that you and she signed, that was never filed with any court?

She was supposed to in the order within 30 days. I don't want to file as my lawyer indicated that it would be up to $5k in fees to get the original paperwork and coordinate with NC to implement the order. It's supposed to be a temp order as well. This was signed off on by a judge in NC.

 

[LdiJ]

She was supposed to in the order within 30 days. I don't want to file as my lawyer indicated that it would be up to $5k in fees to get the original paperwork and coordinate with NC to implement the order. It's supposed to be a temp order as well. This was signed off on by a judge in NC.

If she won't do it, then doing it yourself is your only viable option. You can always include in your paperwork a request that the judge order her to reimburse you for your legal costs. There is no guarantee that the judge will, but it is a valid request to make under the circumstances.