Sunday, August 11, 2013

Can my spouse leave NY on vacation with kids then notify me of her preplanned move to Utah with kids? No court or divorce docs.

Q: Spouse left NY w/kids to Cali for vacation and after 1 month notified me of plans to move to Utah and live with father, stating it's better for the kids. We have problems but none domestic. She took all monies in account, kids school docs, address books and cancelled lease renewal. We have two 11yr olds and a 10yr old. In NY 10yrs, all three in same school district since grade K, active in three sports each, including school and church activities. I am the sole provider. She has obtained her Masters recently but has refused to work. Divorce is clear. I went to court for a Writ to have her bring back the kids but the judge only gave her an appearence 28th Aug, one day after her planned return, no kids required. I have no money to mail. She returned today to get stuff, alone. Can I serve her?

A: You should definitely consult an attorney right away. In addition to the writ application, you should also file a petition for custody and/or visitation. If she is determined to move with the kids, then you will need a good attorney at your side right from the beginning.  -- David Bliven, Westchester Family Law attorney (

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