Contempt_Relocating without consent or court order. Should we file?
Has anyone, (of the Non-Custodial Parent variety) had any success filing a contempt case from State #1, against the (Custodial Parent) in State #2 (where the custody order is filed), who will be in blatant contempt because they plan to relocate to State #3 without consent, court order or agreement. State #3 is 1500 miles further away from the NCP. The dispute is regarding sharing travel expenses to exercise fathers (NC) parenting time and registering the relocation in the new state. The long distant parenting plan and schedule is already in place and enforceable between State #1 & State #2. The schedule can remain essentially the same.
DH, NCP currently pays all travel expenses to exercise his parenting time. BM’s move would double his cost. We doubt she’ll file anything. BM hasn’t yet presented DH with a stipulated agreement or discussed her plan to move (we found out from reading her "secret" (not so secret) Blog), and we doubt she’ll do anything she is suppose to do per their current Court Order, which stipulates she must obtain a written agreement or court order allowing her to relocate, address travel expenses if applicable, pay all legal fees for filing the petition to relocate with State #2 and then register it with State #3. (ya right! like that’s going to happen, she’s never acted responsibly before, why would she start now)
Has anyone been thru this scenario? How did it play out? What’s the best time to file for contempt, before or after the actual move? If we wait until after the move, how effective are the courts from varying States at reining her in? We’re going to get legal advice from our State #2 council, but we need advice from real people who have been thru this. Is it worth filing for contempt, out of State ($$$), just to recoup a couple extra thousand dollars a year for the next three years, assuming we enforce each of 4 visit per year? Are there any preemptive measures we should be taking? We strongly believe these visits benefit SD14, however BM does not always see it that way. Frankly I could care less about continuing the visits but I know DH loves her immensely and enjoys her visits.
We also worry that if we don’t take care of it now, then down the line, if DH and BM dispute about something, it would be difficult to enforce visitation from State #3 which has no jurisdiction (yet), without a huge legal battle (again).
Needing advice,
Calm
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Comments
I'd stay out of it. This is
I'd stay out of it. This is DH's battle. In my experience, only the attorneys win when you go to court over children.
It kinda depends what the
It kinda depends what the court order says. ours say something on the lines of if custodial parent wishes to move then they shall tell parent where they are trying to move 6 months in advance. It also says if either parent moves 30 miles from where we are now located then the moving parent shall pay all transportation costs. It also says that if custodial parent plans to move that it will be brought in front of a judge and that the judge will decide that if custodial parents circumstances have changed enough to even allow the move. BM in our case has talked about moving a couple of times but only because she wanted to move closer to her boy toys. Once we reminded her of what the parenting plan said she changed her mind.
I do not know how this would
I do not know how this would factor into your case. Dad already lives long distance from his kid, so it's basically the argument of "how" long distance.
I do know that you cannot file for contempt until she's actually IN contempt. You cannot file for contempt on an action that hasn't happened yet.
You could possibly file for an injunction so that she cannot leave.
If BM is already in another
If BM is already in another state, I don't think you can stop her from moving - it would be a waste of court costs. What DH can do if file for modification & have BM responsible for travel costs since she moved or receive a credit in child support for it.
Thanks for all the input. We
Thanks for all the input. We don't want to stop them from moving. It's just that BM has this thing, she can't stay in one place for too long. She's a wanderlust, it's one of her BPD traits. That's why this time DH made a point to add to the CO a stipulation that she pay all expenses for court filings to register the decree in the new home State and to address travel costs in case she were to move again. I guess we'll just have to wait and see if she takes the CO seriously and decide later if we want to waste any more money and energy on her little brat. I'm leaning towards Paul's advice. My DH isn't the type to do much unless I'm pressing him.
Thanks everyone!