Mother moving out of state without court's permission.

[metamorphosis]

BM is CP.  BF is NCP. All live in Arkansas at the moment. BM informed us that she had a "really great opportunity" in NYC and wants to move.  She does not actually have a job, but has been accepted into a training program (unpaid) for 7 weeks that will give her a temporary certification to teach in NYC.  She filed the paperwork with the court and got a hearing for Sept. 14th to get permission to move with the children.
However, she did not give enough time for BF to be served.  He was never home when they came to serve him, so he finally went down to the Sheriff's department himself and picked up the summons.  
The court has rescheduled the hearing date for Nov. 16th.  She still plans on leaving this Friday even though she does not have the court's permission.  Her lawyer even agrees that there is not sufficient case law to support that.  
I have looked up the statute on hindering visitation and found that it is a felony if the children are taken out of the state of Arkansas.  Our lawyer says that we cannot have her arrested for hindering visitation because we have to prove that there is criminal intent behind her actions and we can't.
Questions:
1) Is this true?  From what I saw in the statue, she just has to leave knowing that she can't for it to be against the law.
2) Is there anything we can do to stop this?  Can she really just pick up and leave without being accountable for anything?
Thanks!

[socrateaser]

>BM is CP.  BF is NCP. All live in Arkansas at the moment. BM
>informed us that she had a "really great opportunity" in NYC
>and wants to move.  She does not actually have a job, but has
>been accepted into a training program (unpaid) for 7 weeks
>that will give her a temporary certification to teach in NYC.
>She filed the paperwork with the court and got a hearing for
>Sept. 14th to get permission to move with the children.
>However, she did not give enough time for BF to be served.  He
>was never home when they came to serve him, so he finally went
>down to the Sheriff's department himself and picked up the
>summons.  
>The court has rescheduled the hearing date for Nov. 16th.  She
>still plans on leaving this Friday even though she does not
>have the court's permission.  Her lawyer even agrees that
>there is not sufficient case law to support that.  
>I have looked up the statute on hindering visitation and found
>that it is a felony if the children are taken out of the state
>of Arkansas.  Our lawyer says that we cannot have her arrested
>for hindering visitation because we have to prove that there
>is criminal intent behind her actions and we can't.
>Questions:
>1) Is this true?  From what I saw in the statue, she just has
>to leave knowing that she can't for it to be against the law.

If you believe that a crime is about to be committed, then file a report with the police or the district attorney and let them tell you that the crime requires that the defendant have the "specific intent" to frustrate your access to the child.

I think your attorney is wrong. If you do something that you know is reasonably likely to cause the death of another person, you are guilty of at least 2nd degree murder if your act causes that person's death, because even if your action is not premeditated and deliberate, you are acting with reckless disregard for the safety of the victim.

The same principle should hold for hindering visitation, or any other crime. If the defendant knows that her moving to NY is reasonably likely to cause you to be unable to have access to the child, then actually moving to NY with the child completes the crime. If this weren't the case, then anyone could escape criminal liability for anything by merely saying that they didn't specifically intend that the crime take place, even though they knew that their actions would reasonably likely be a criminal act.

That is nonsensical.

>2) Is there anything we can do to stop this?  Can she really
>just pick up and leave without being accountable for
>anything?

Have your attorney go into court and ask for an emergency restraining order on grounds that the mother's unilateral move prior to the court's making a determination on the issue, will alter the status quo frustrate your access to the child and cause irreparable damage to your parenting rights. If your attorney refuses, then fire him/her and get someone who will do as you instruct.