That's an issue for the court to decide when you file the petition for a temporary restraining order in Colorado family court. It doesn't affect your right to leave with the kids, and proof of past abuse may be relevant in deciding to issue the restraining order. But, you can't just go to Colorado, and then do nothing. You will have to ask the court to prevent your husband from obtaining an order to return the children to Minnesota.Hope this helps.
Here's the statute (609.26). You can review it for yourself. The law requires that you conceal the children from the other parent. If you don't conceal the children's whereabouts, you cannot be prosecuted under the law. Or, if you fear physical abuse from the other parent, then you have an "affirmative defense" to any prosecution.
If you need to discuss this with local legal counsel, then for a legal aid organization, see this link.Hope this helps.
So what you are saying is that my children and I can move with out my husband knowing and then when I am gone I can inform him that we went back to Colorado? A: You need to notify your husband immediately after you leave. Than I would have to file for a restraining order and get temporary custody of our kids? A: Correct. Hope this helps.
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