Shouldn't this be un-enforceable?

[triksterut]

Hey all,

I've made a post before and just had a question(s) :)  My ex essentially kidnapped my kids about two months ago.  Gave me the exact 24 hours notice that the decree said she had to give and left.  She has primary physical custody and we have joint legal.  I do have a documented history of joint physical visitation (calendars etc etc) that show I had them half the time before she left.

Well, we went to court and the commissioner basically said that since the decree said 24 hours she was in her rights.  Two things:

1)  The Utah state statues for notice are 30 days written.  How can a decree directly breka the Utah laws in this manner and be enforced?

2)  Do I have any ground to stand on with extenuating circumstances?  Give my extensive time with my kids how can she still have the right to just up and leave like that?  I mean I had my kids as much, and sometimes more, than she did.  The commissioner didn't even look at that.

Any thoughts?  Do I have a chance in Hades here?  I'm sitting in an apartment in MS right now 1800 miles away from my home so I can spend some time with my kids.  Lucky for me I can telecommute for a bit..but after I go home I'm not sure i can stand not seeing them again.

Jeremy

[Lawmoe]

The answer may depend on how your decree was entered.  A Court order cannot violate the law. However, if the parties agreed to the provision allowing for 24 hgour notice, they may, by consent, modify it.

If you intend to act, you must do so swiftly. The longer that you wait, the more your chance of have the children return to the forum state is eroded.