Q: We have been in court 3 other times where the custodial parent has left the USA to PERU without my consent or even knowledge. She would just disappear with them, turning off her cell phone and for the time period they are away, I am unable to contact them, know there whereabouts, when they left or when they are returning. The judge ordered that she may not remove our children from the USA without my knowledge or written consent. She has left again without my written consent or my advanced knowledge. What at this juncture can I do to enforce the court order and to ensure she has some consequences to face upon their return. As the non custodial parent I must adhere to court orders & I feel that the custodial parent must adhere to the same. What can I ask of the judge to order against her?
A: David's Answer: You should file petitions for violation as well as habeas corpus. The Judge can then consider whether to switch custody to you, or some lesser alternative, such as ordering make-up time, monetarily sanctioning her and/or awarding counsel fees as punishment. Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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