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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3817
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I reside in AZ with my two girls and still married husband.

Customer Question

I reside in AZ with my two girls and still married husband. Due to recent threats and arguments he just bought a ticket without my consent to take my kids away for Christmas and New Years for a week to his family in VA. I know he can legally take them, but can I legally not allow him to take them? Nothing has been filed on either side, so I know there is no legal enforcement in place. Can I for example take them out of the house at the time he wants to take them out of state? Are there any negative consequences for me if I don't allow him to take them for a whole week? I have already compromised and agreed to him taking them after Christmas and returning before New Years Eve. He is very stubborn and bullies me. He has talked of divorce, separation, emergency court order all in the past month over daily argument. He is taking advantage, since he know I will probably not file for a divorce to whatever extent he goes. Please advise me.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. I'm sorry to hear about this situation.

You can prevent him from taking the children with him at Christmas by simply removing them from his reach. For example, take them and keep them someplace else on the day he is supposed to take them to VA. There is no court order preventing you from doing that, and as long as you do not do anything illegal while you are moving the kids, there is no legal consequence.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3817
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Do I have to tell him where I am taking them too? Can we go to the movies for example, but I don't tell him, since he might come and cause a seen to take them?


 


Can he get a court order to take them away to VA for one week? Do I have the time to reverse his court order by law, since there is only two weeks till Christmas?


 


 

Expert:  Zachary replied 1 year ago.
Hi,

You do not have to tell him where you are taking them.

He cannot get a court order without filing for divorce and can establish that you are for some reason a danger to the children.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3817
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

If he some how gets a court order, can I remove my kids from the house so he can't take them?

Expert:  Zachary replied 1 year ago.
You cannot violate a court order. So if he gets a court order somehow (I don't see how this could ever happen) that allows him to take the kids, if you remove them from the house you are violating the order and could face consequences.

Again, there is no way he is going to be able to get an order like this.

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