How can i stop ex from moving to california?

[bcbk93]

What is the name of your state? Illinois**************I am on a temporary visitation schedule pending a january of 2008 court date set for "status case management on that day.". My ex has temporary permission to remove the children to missouri....at the moment....i know for a fact that she is planning to sneak the kids off to california....its very possible she might do it even before the court date......what are my options?...if any?

 

[moburkes]

What is the name of your state? Illinois**************I am on a temporary visitation schedule pending a january of 2008 court date set for "status case management on that day.". My ex has temporary permission to remove the children to missouri....at the moment....i know for a fact that she is planning to sneak the kids off to california....its very possible she might do it even before the court date......what are my options?...if any?

How do you know this? And, please, stop with the ellipses. Simple periods will do, as well as some "normal" sentence structure.

 

[LdiJ]

What is the name of your state? Illinois**************I am on a temporary visitation schedule pending a january of 2008 court date set for "status case management on that day.". My ex has temporary permission to remove the children to missouri....at the moment....i know for a fact that she is planning to sneak the kids off to california....its very possible she might do it even before the court date......what are my options?...if any?

Do you have any proof that she is planning to do this?

 

[LdiJ]

It is illegal for her to take the children out of the state unless a court allows her to go. If she has been approved to go to Missouri then thats as far as she is allowed to go. If she does take off to California all you have to do is file papers with the court and a warrant will be issued. In many states it is considered kidnapping and it is also a denial of your parental right to have visitation. Many states also give fines and jail time to a parent who denies court ordered visitation.

And this is so incorrect as to be laughable.....K-DAR

 

[Ohiogal]

It is illegal for her to take the children out of the state unless a court allows her to go. If she has been approved to go to Missouri then thats as far as she is allowed to go. If she does take off to California all you have to do is file papers with the court and a warrant will be issued. In many states it is considered kidnapping and it is also a denial of your parental right to have visitation. Many states also give fines and jail time to a parent who denies court ordered visitation.

WRONG!!!!!!!!!!!!!!! Figure out what part!

 

[bcbk93]

which part is wrong???

which part is wrong?I need to know!!!Please let me know!!And Im sorry about the ellipses ,or asterisks or whatever they are,i dont type them in,they show up for some stupid reason. She IS planning to take them to California she even had the nerve to tell me that,and my daughter even told me on my first visitation.

 

[Just Blue]

which part is wrong?I need to know!!!Please let me know!!And Im sorry about the ellipses ,or asterisks or whatever they are,i dont type them in,they show up for some stupid reason. She IS planning to take them to California she even had the nerve to tell me that,and my daughter even told me on my first visitation.

They were saying that Jamin was wrong...Everything she posted was wrong.

Until she actually moves to Cali there isn't anything you can do. She is not in contempt until she defies the order. Unless you have proof, as in her sending you her new Cali address or something of that nature you have wait. Just because she SAYS she going to do it, doesn't mean she WILL do it!!

 

[Just Blue]

It is illegal for her to take the children out of the state unless a court allows her to go. If she has been approved to go to Missouri then thats as far as she is allowed to go. If she does take off to California all you have to do is file papers with the court and a warrant will be issued. In many states it is considered kidnapping and it is also a denial of your parental right to have visitation. Many states also give fines and jail time to a parent who denies court ordered visitation.

Jamin's first and LAST post here at FreeAdvice!!

 

[JAMIN]

I think maybe you people need to find out the laws of your own state. In Michigan if a mother/father takes the kids out of state without permission, a warrant will be issued for kidnapping. And the denial of parenting time Does constitute jail time in this state.

I've noticed that people on this site are not worried about giving advice on peoples questions but instead want to question answers that others are giving.

 

[CJane]

I think maybe you people need to find out the laws of your own state. In Michigan if a mother/father takes the kids out of state without permission, a warrant will be issued for kidnapping. And the denial of parenting time Does constitute jail time in this state.

I've noticed that people on this site are not worried about giving advice on peoples questions but instead want to question answers that others are giving.

Really?

Hey Ginny... wanna weigh in here on exactly how Michigan handles denial of parenting time IN the state?

Also... the original poster isn't IN MICHIGAN, he is in ILLINOIS.

 

[TinkerBelleLuvr]

Oh ms Jamin, I can tell you that they do NOT just arbitrarily put folks in jail .... just read my posts! I was the custodial parent trying to get the chlid back! It does NOT work that way in Michigan!

 

[CJane]

Oh ms Jamin, I can tell you that they do NOT just arbitrarily put folks in jail .... just read my posts! I was the custodial parent trying to get the chlid back! It does NOT work that way in Michigan!

Thanks.

bcbk93 ~ Why didn't you mention this potential move to CA from MO in your original thread when you were posting about the danger you believe your children to be in? You should really reference that thread here so that people don't have to find your back story.

But I'll do it for you...

https://forum.freeadvice.com/showthread.php?t=376088
https://forum.freeadvice.com/showthread.php?t=378900

 

[JAMIN]

If the custodial spouse engages in misconduct, such as delaying or hindering visits by the other spouse, the non-custodial spouse can seek an order from the court compelling the custodial spouse to comply with the child visitation order and to pay penalties, costs and attorneys fees. In extreme cases, interference with a parent's child custody or visitation rights (such as taking a child out of state to thwart the other parent's rights) can land the offending parent in jail.

And Ms Ginny, yes they can and will put people in jail for not abiding by a court ordered visitation schedule. My ex has been in jail three times for that exact thing!!!!

 

[CJane]

If the custodial spouse engages in misconduct, such as delaying or hindering visits by the other spouse, the non-custodial spouse can seek an order from the court compelling the custodial spouse to comply with the child visitation order and to pay penalties, costs and attorneys fees. In extreme cases, interference with a parent's child custody or visitation rights (such as taking a child out of state to thwart the other parent's rights) can land the offending parent in jail.

And Ms Ginny, yes they can and will put people in jail for not abiding by a court ordered visitation schedule. My ex has been in jail three times for that exact thing!!!!

Blah blah blah. 'Can seek', and 'in extreme cases' and 'can land ... in jail' is NOT what you said. You said that removing the children from the state would be considered kidnapping and mom WOULD go to jail.

Do you have anything regarding ILLINOIS law that might help the OP?

 

[JAMIN]

Unlawful Visitation Interference

Illinois law provides several means for divorced parents (and parents who were never married) to enforce their rights regarding visitation. The law applies to both the non-custodial parent who may be denied visitation and the custodial parent who may have to deal with a former spouse who refuses to drop the children off timely or who endangers the children during visitation periods. In cases where the parents enjoy joint custody, however, the application of the law is different than in cases where one parent has been awarded sole custody.1

Where court-ordered visitation is withheld or denied, Illinois law provides for both civil and criminal prosecution for visitation interference. In other words, a parent who detains or conceals a child in an effort to thwart court-ordered visitation may be punished by the family law court judge or prosecuted by the State's Attorney in a criminal trial. It is possible for a trouble-making parent to be punished by the family law court and also criminally prosecuted for visitation interference.2 This is the only instance we know of in American law where a defendant can be subjected to double-jeopardy – seemingly in violation of the U.S. Constitution. If you decide to go back to (or are taken to) the family law court, work with an experienced and knowledgeable attorney. If, however, you decide to go to criminal court, as a complaining witness you'll work with the State's Attorney – as a defendant, you should hire your own defense attorney (call our office).

Civil remedies in family law court typically result in a modification of the parenting schedule (more time or "make-up time" with the kids for the injured parent and less time for the offending parent, the shifting of a holiday, etc.). Family law judges, however, have sent obstreperous visitation violators to jail – like the mother was sentenced to 180 days in jail merely for thwarting a weekend visit between the father and the children. 3

Under the criminal law,4 visitation interference is a "petty offence" (like a traffic ticket) for the first two violations. After that, however, the stakes are raised and the charge becomes a Class A misdemeanor which means punishment may be in the form of imprisonment for up to one year or a fine of up to $2,500.

http://www.illinoisdivorce.com/family_law_articles/visitation_laws.php