what happens when x violates agreement and moves kids away?

[Newburydad]

I have shared joint custody. Our agreement was done in Florida. We agreed to move to Boston and have a condition not to leave Boston. We both have shared joint custody. She moved to New York with the kids last week for a temporary relocation. I never ok'd it. Said I would consider it. She has since doubled her temporary timeframe and won't talk to me. She is in New York with kids. What can I do and what are my chances? I lost my job and lost health insurance for the kids, she says I violated that condition first so she can move. I wasgoing to consider her temporary relo b/c she is doing it to get her masters. Her lack of communication has driven me to pursue legal action.
Anyone familiar with what may happen?

[MixedBag]

I'm gathering your ORDER was done in Florida.

You both broke the agreement by moving to Boston.

You should have registered your order in MA (then again, I've heard that MA isn't too father friendly -- and neither is NY, no personal experience there).

Florida has jurisdiction until you register it in MA -- before Mom resides in NY for 6 months.

At least then you can say she left MA and moved away.

From the outside looking in -- you gotta pick and choose right now.  And I say that mainly because you shared that she's going to further her education.

I think I'd file the FL order and ask MA to take jurisdiction.

Then what was your time split before???  

Ask for that back, ask for her to do the transportation.   Or maybe even ask for primary residential custody if it means the kids can stay in their old school and surroundings.

But file in MA and let the courts in your state figure it out.

[Newburydad]

thx for response. agreement was done in 2005 in Florida and wasn't finalized till we had moved to Boston. Move is referenced in agreement as is a no relocation outside of Boston area. She just left a week ago and i was considering working something out so she could do what she needs with masters degree but she asked for a year and now 2 that she is gone. My boys are 7 and 9 and those are some years I want to be an involved Dad. I have to hire a lawyer I guess. Will they file in probate court and she'll get a summons to appear?

[ocean]

File immediately ...they should make her return the kids to the area. Get lawyer to file for you to have her return the children so they can start school back where they were.
Good luck!

[Davy]

The way I read your post you and your wife had a uncontested Florida divorce in 2005 with ageements to relocate to Boston, MA with further agreement  that once the family relocated to Boston the primary custodial parent could not relcoate the children outside the Boston area.
Is that correct ?

By the way, the no relocate stipulation is pretty slick so someone in FL must have been alerted to a possible relocation away from the Boston area.

Anyway, the statues governing interstate issues is known as the Uniform Child Custody Jurisdiction Act or Enforcement Act (UCCJA / UCCJEA).  Each state will have their own statues which are suppose to be uniform (as the name implies but uniformity is not likely).  Check the articles section (bottom of this page) for info.  Usually a State court level issue rather than a probate court issue but I guess that depends how a particular state organizes their judicial system.  

Florida has clearly lost jurisdiction over the family since no parties to the agreement continue to reside in FL. All the same, the FL agreement probably needs to be filed in MA ..see the court clerk.   Irregardless to the statues, either party can file in the state they reside (usuallly a residency time requirement).

Even WITHOUT the FL agreement, the statues would favor MA if the children resided there 6 mos. or more.  The no relocate stipulent should weigh heavily on any further rulings especially if the abscounding parent did not a very good and strong reason to relocate ... master degree programs usually do not count.  The job loss and health insurance issues are clearly separate and apart from the custody concerns and the children's access to both parents. As a matter of fact, it more vividly points to an attempt to disenfranchise their father.  

Bottom line, for jurisdiction ipurposes, the PRIMARY emphasis is on where the children resided or have resided for six months or more.
The children should prevail on the no relocation clause.

Do not let her shallow excuses outweight the need of the children to have both parents in their life's.

It is best to retain an attorney familiar the UCCJA. ( and even the Parental Kidnapping Pervention Act; PKPA.

[Newburydad]

thank you for helping me feel like I have a great chance to get my boys back!