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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Man & wife reside in MN, man charged with attacking one of

Customer Question

man & wife reside in MN, man charged with attacking one of their 4 children. Case pending. Man given visitation to 3 of the children before the assault case is heard. Wife wants to leave MN with all children. What are consequences to her once she moves to another state?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
This can create a basis for the man to claim 'parental alienation' and 'parental abduction' as he is now being unfairly and unreasonably deprived of contact with the children. If she fails to comply, the court can make her return, and if she is unavailable to attend hearings, the charges may be dropped. In addition leaving with the children without an order can create a basis under which the other parent can file for custody by claiming that since the other parent is refusing contact and not following the order, she is unfit. Finally, if the parent still continues to bar access, she can be pursued for contempt and perhaps may be fined, admonished, or even jailed, although that is highly unlikely.
Dimitry, Esq.