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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My fiance's ex has repeatedly violated their custody agreement

Customer Question

My fiance's ex has repeatedly violated their custody agreement over the past 5 years, all of which has been meticulously documented. She has now moved out of State over 1000 miles away without giving prior notice and has violated my finance's visitation rights. We are looking for the proper documents needed and any legal aid available to file for sole custody. Any guidance would be much appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
This is Samuel and I will discuss this and provide you information in this regard
I suggest, you need to file an Application for Order to Show Cause. And pursuant to Idaho law you will need to fill out an Affidavit stating how the Mother has taken the children out of state, contrary to the Court Order dated whatever that is and without the permission of the Father and/or the Court.
The Affidavit has to be signed by the Father in front of a Notary.
The Application for an Order to Show Cause should be readily available from the Clerk of the Court.
Here is the law on the matter
Idaho Rules of Civil Procedure Rule 6(c)(2). Order to Show Cause (Other Than Contempt Matters) - Affidavits.
(A) All applications for an order to show cause must be accompanied by an affidavit or supported by a verified complaint setting forth the facts and grounds upon which the application is based. If the court finds that an application makes a prima facie showing for an order commanding a person to do or refrain from doing specific acts or to pay a sum of money, the court shall enter an order to show cause to the opposing party to comply with the request or show cause before the court at a time and place certain why such order should not be entered.
An order to show cause must be served upon the party to whom it is directed, or the party's attorney of record in the action, at least five (5) days prior to the date of the show cause hearing in the same manner as a notice for hearing of a motion under these rules. If the party to whom the order to show cause is directed opposes the entry of the order, the court shall hear the show cause proceeding.
The order to show cause procedure may not be used to seek a modification of a decree of divorce with respect to child support or custody. Any proceeding for contempt must be brought pursuant to Rule 75.
As to seeking Sole Custody, I suggest that is a separate procedure and will require filing a Modification to Child Custody. The basis of course being the fact that the Mother took the children out of state, without permission and against the Court Order depriving the Father of his visits and thereby interfering with his parental rights.
Again, I suggest the clerk of the court should have a Modification of Child Custody to fill out. And that will also need to be served onto the Mother or her Attorney of record, if she has one.
If the clerk does not have the forms, ask them to provide you copies of those pleadings from other cases where they have been filed so you can use them as a sample guide, conforming them to your specifications.
Expert:  Samuel II replied 1 year ago.
I have been unable to located them on the internet.