Have Legal Questions? Ask a Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
If you have a court order granting you visitation, then you have a right to enforce that order. Also, if the mother has violated the terms of that order, you have a right to charge her with contempt of court.
But, because the mother and children aren't in Oregon any longer, you're going to have to go to the state and county of their residence in order to enforce the order. However, under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), you have a right to take that Oregon order and enforce it in another jurisdiction.
There are some legal hoops to jump through as far as getting the order certified and transferred from Oregon to the new state, etc., but it is possible to do under this act.
The best course of action to take is to consult an attorney where they are now and try to get a petition filed for contempt and also to enforce the visitation order. If you can get this filed and her served asap, you should be able to get some results.
That's what I was afraid of as I was typing the response, and is the reason I said this probably needs to happen ASAP.
If you can get the petition filed and get her served, you can pin her down. You may also want to consider asking for a temporary restraining order that prohibits her from leaving the state with the children until the case is over.
No problem. Glad to help.
I hope you can slow her down enough to get the matter under control.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).