Family Law Questions? Ask a Family Lawyer Online.
Dear JACUSTOMER - If you have court ordered dual or joint custody you can file a motion for an injunction from the court to prohibit the mother from taking the children out of the jurisdiction. She can move wherever she pleases but the court will not permit her to take the children unless she can somehow show it is in their best interests, not hers, to move.
While the children do not have the ultimate choice of which parent they want to live with the court would certainly listen to their wishes at this age. They could not, however, choose to leave the jurisdiction without your consent. Assuming you are active in their lives I see no reason why any court would allow them to be taken out of the area by their mother. At the very least she would have to file for a motion for full custody since you are now in a dual custody situation.