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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Hello, I have a sticky situation and need some guidance.

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Hello, I have a sticky situation and need some guidance. I'm not going to go into too many past details except saying my ex husband and I have joint custody of our 3 children (14,12,11) and he has not seen them and has had only minimal contact (2 text messages and a few cards)with them over the last 2 years. That being said here is the issue.

My Ex's family always have a big 4th of July gathering that my kids were invited to. I was asked by their Aunt (their dad's sister) if the kids could go spend a week with her after the 4th, I agreed. My ex has now decided that this is not ok and has threatened her because she lives in Idaho. It is my parenting time that she is using however she is now afraid of going to jail because she crossed the state lines with my kids (my permission as well) There is nothing in my divorce papers baring either of us from taking the kids out of state because of where we live in Oregon we both frequent Idaho and Washington for a day in the city. Is there anything that I can do? I am not even sure if he can really try for kidnapping if she has my permission. Any advice would be great.
DearCustomer- If this is your parenting time you can make the decision as to where your children go and if there is nothing in the custody or visitation order regarding going out of state then that is not a problem. I would suggest giving the aunt a written letter giving permission for her to have the children for the week or whatever and that should solve any problems if your ex tries to make trouble. Frankly, if he is not having contact with his children you may want to consider filing a motion to change the custody to you and then you would have control in future situations without him having any say. You can't force him to visit but you shouldn't have to put up with this nonsense every time you make a decision concerning the children. I do not believe the police would get involved in the current case of visiting the aunt since it is with permission and it is your parenting time.
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Customer: replied 4 years ago.


Thank you for your help.

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