Moved out of state without permission

[JTB530]

I live in Missouri and have a nine year old daughter who has lived with her mom since she was a year and a half old. When my daughter was two I went to court with her mother over custody and she was awarded physical custody. In the decree it stated that she must have my permission or the permission of the court to move out of state. She notified me in January that she intended to move to Indiana via certified letter. Which I responded with a certified letter denying permission. I got a letter this week from Indiana stating new permanent address. They moved last week after my weekend visit. I have always been a major part in this childs life and I will do whatever it takes to get her back. I had no idea that her mom would totally disobey a court order but I guess I should have. What do I do now, I checked with the my local Sheriff and he said get a lawyer, which I'm already doing. I thought I had this added in seven years ago so I wouldn't have to worry about it. Please help me!    
Thanks in advance,
Jason

[Kitty C.]

Getting the lawyer is the first step, but the next thing that should be done IMMEDIATELY is filing contempt charges on her, since she deliberately went against the CO.  But what is important here is SPECIFICALLY what your CO says about move-aways.  Does it say she must 'ask permission' or that she just has to announce her intentions, so to speak? Remember that CO's have tricky wording, that 'may' and 'shall' are two COMPLETELY different things.  Read it carefully.

[JTB530]

Section I of my decree states the following, "Neither party shall remove the minor child from the state of Missouri to reside in another jurisdiction on a permanent basis without firtst obtaining the written consent of the other party hereto, or without the prior approval of the Circuit Court of Ray County, Missouri." I sent her a certified letter denying permission to move and the courts have not given permission either.

[Kitty C.]

Then she is in willful contempt.  Get an atty. and hang her a$$.  Force her to come back and answer.

[JTB530]

Ok, I have gotten a lawyer and I am told that it will be September before our first hearing and December before we actually get to go to court for a decision.  My daughters mother allowed her to come to MO for the summer and she is currently with me. I was told tonight that she has a plane ticket going home on the 24th of this month. My question is, her mother disobeyed the court order by taking her out of state without my permission and she disobeyed state law by not giving 30 days notice. If she doesn't have to listen to the law, do I have to put her on the plane. What will happen then? I love my daughter more than anything and I'm sure it may seem selfish but I don't want to lose any more time with her and there is nothing I would like more than to have her stay with me for good.

[smtotwo]

You can try to get an emergency order to keep the child in your state until the hearing date, based on her failure to notify before the move.  Also you don't want your daughter to start school in the new state so I'd try VERY hard to keep her where she is.    Ask for emergency custody based on BIC, reasons like  keep contact with dad, stay in same school, doctor there is familiar with daughters medical history.  ANything you can think of that would be   in the Best Interest Of the Child.

[rini]

hi

no matter what get into the courthouse and see what it would take to have the custody temporarily granted to you.

she is in willful disobediance of a court order and i dont think i would send the kid back ....

rini

[wendl]

and.... the longer she stays out of state the harder it iwill be to get her back home..


**These are my opinions, they are not legal advice**

[Bolivar OH]

Everyone above gave you Great info.  Pass it by your lawyer.

Do not let your daughter go back.  Get her signed up for school.  Now your eX is put on the defense.

Do not try any of this without informing your attorney.  You need a strategy.  Ask your attorney to help you draft one out.  He/she should know the judge and how the case might proceed.

[JTB530]

Thanks for all your info I will be talking to my lawyer today. I just can't believe he hasn't already told me all of this.
Again thanks for all your input!!!!