SPARC Forums

When the kids are on my parenting time and their mum (my ex) shows up to my house when i am not home (lets say Im at work) and My wife ( the kids step mum is home) can my ex wife take the kids away from my wife? Will the police allow her to take the kids  

If the kids mom moves the kids out of state, which is allowed by the court papers, will the judge still enforce my parenting time papers for here in colorado?  

We do not have this problem...but, from what I have read, if your parenting order calls for right of first refusal - meaning the ex gets first choice of keeping the children whenever YOU cannot - yes, she can take the children.  If not, she shouldnt be coming over.  The police - that's a toss up, I would think..with or without an order giving her first refusal.  But, maybe someone that has actually experienced this can give you better knowledge.

It may not be possible for you to have the same parenting time as you do now if the ex moves.  That is when you get in and file papers as soon as you find out to modify the visitation orders to something that is possible...more summer time, holiday time, etc...

Not sure about the out of state question, but as for the ex taking the kids away from your house when you are not home on your visitation times....NOPE unless it's stated otherwise in the agreement which isn't likely.

by law if there is court documents saying the times you are you have your children and your ex tries to take them during that time and she DOES take them no matter if it's down the street she can be charged with kidnapping.  

I had this same question after a run-in with my ex.  My lawyer told me that if she were to show up at my home while I was working that my wife was to let her know that she was trespassing and if she didn't leave my wife was to call the cops.  Under no circumstances was my wife to open the door to my ex-wife.

Our order does not have a ROFR clause in it.