visitation/out of state

[kdhelus]

What is the name of your state (only U.S. law)? South Carolina
My ex wants to get our son for spring break per the custody agreement he is allowed visitation however the 2 times he has taken him out of state he has on one occasion refused to give him back and the authorities had to be conracted. The 2nd time the custody agreement stated a date he was to return him and he refused to bring him back until 3 days later. My question is, is there anything I can do to prevent him taking our son out of state? I am all for the visitation but scared of having to go through him not returning on time.

 

[Longsally1112]

did you report to the courts when he did not return the kids the last two times? If so, petition the courts!!!! If not....you didn't think too much about it the last two times to do anything about it. I would have dragged him back after the first time!!

 

[Zigner]

Echoing Longsally's post - it's a bit late in the game to bring this up now.

 

[kdhelus]

did you report to the courts when he did not return the kids the last two times? If so, petition the courts!!!! If not....you didn't think too much about it the last two times to do anything about it. I would have dragged him back after the first time!!

Was told by my lawyer that I need to look at him as a ball and chain around my ankle. And never heard back from her

 

[kdhelus]

Echoing Longsally's post - it's a bit late in the game to bring this up now.

Was just trying to give the man the benefit of the doubt.

 

[single317dad]

Was just trying to give the man the benefit of the doubt.

Why is he no longer entitled to the same benefit now? You can't have it both ways; either you do something about this in court, or you do nothing about it.

 

[LdiJ]

Why is he no longer entitled to the same benefit now? You can't have it both ways; either you do something about this in court, or you do nothing about it.

I can see her point. He messes up once, she gets the authorities involved and that solves that individual problem. She gives him the benefit of the doubt, assuming that he has learned his lesson, and he turns around and does something similar again. She no longer wishes to give him the benefit of the doubt. That makes perfect sense to me.

However, where she messed up was not immediately addressing the issue in court after he did it the second time. Had she done so, he would have either had his butt handled to him by the judge and would know full well that if he messed up again the consequences would be severe, OR, the judge would already be imposing consequences.

Now, she has to risk contempt of court herself should she deny the visitation. So, she is stuck between a rock and a hard place. At a minimum, if he doesn't play by the rules this time, she needs to immediately head back to court.