In our custody papers it states that neither parent can remove children from city or state w/out written approval from the other parent. The stbx is considering taking the children out of state and is saying there's nothing I can do about it because I know she will be back with them, so she doesn't need my approval. Is this true?
She's wrong. If she doesn't have your written approval to take the children out of the State then she has violated the custody order and you can take her to court for contempt of court.
If you know when she's leaving I'd file an emergency restraining order to prevent her from leaving the State with the kids.
remove might also be "MOVE" as opposed to taking them on a trip and bringing them back.
I suggest going back to the state's code to see if it says anything there.
Then I suggest you pick and choose your battles.
What does the dad have to gain by stopping her from leaving the state on a trip with the kids when she's coming back? Careful...
MB is right.
In most states it technically means that the children may not be taken out of state even for a vacation. However, as this clause is meant to prevent people moving away, it is violated all the time with vacations, and condoned by the courts.
You can file for contempt, but the judge will not appreciate you wasting his time with such petty stuff.
Do document it though, if you are in a one-party state, record your conversations with her, and it may show a pattern of disregard for the court order. By the time you have 20 or more blatant violations FROM WHICH YOU SUFFERED in one way or another (and this one does not qualify for that), then you can take her to court for contempt.
Kent!
I'm not sure this is universally true. In SOME courts, they take it very seriously and you can get in a lot of trouble for violating even the letter of the agreement.
When my ex divorced her first husband, their temporary order said that they could not take the children out of the COUNTY. The girls had a favorite ice cream place in the next county (20 miles away). She asked her attorney what would happen if she took them there. He was very clear that the consequences could be very severe - she would at least be punished for contempt and it could even enter into the permanent custody decision.
I would suggest asking an attorney familiar with the local courts before deciding that it isn't worth taking action.
"In our custody papers it states that neither parent can remove children from city or state w/out written approval from the other parent. "
Whether it's for vacation or a move away, it *appears* that their current order says that neither one of them can take the children from the city or state without written approval from the other parent.
Regardless of her reasons for taking the kids out of State, if he didn't give her written approval she'll be violating the court order.
The typical language in our courts are "Neither party shall REMOVE the child(ren) from the County or State without written permission from the other parent or the court.
And our courts interpret that to mean leaving the County or State for any reason.