Violation of Child Custody Court Order Agreement
Violating a child custody agreement in Wisconsin occurs when one parent keeps the children from contact with the other parent. If a parent severely refuses to follow court-ordered placement, they could be held in contempt of court, lose child custody rights, or face jail time and fines.
Severe Violation of Child Custody Order Action Steps
If the violations are more severe, what you are going to have to do is file for a motion to modify the court order for clarification purposes. It is not advised trying to do this yourself. To ensure that process moves smoothly and you have the best chance to get to your desired outcome, it would be in your best interest to contact a family law attorney that can review your decree. It's possible that while reviewing it they will find something less vague that you could use to uphold the visitation schedule typical to what you do on most visits.
Also, be proactive on all future visits and try to get written documentation in advance of the exact dates the child will be with your ex husband. Being more proactive in the eyes of the court may help when determining best interest of the child. But the bottom line here is that you should have an attorney with your best interests in mind that can help you with the court order. Best to you and Happy Holidays.
Can a Court Order Me to Stay Within a Certain Area in Order to Maintain Custody of My Children?
To answer your primary concern, it is not likely that a court will order you to stay within a certain area in order to maintain custody.
In the case of Groh v. Groh, 110 Wis. 2d 117, 327 N.W.2d 655 (1983), the court had initially stipulated that the wife had to stay within 50 miles of Milwaukee in order to maintain child custody. After moving outside the 50 mile limit, her husband took her back to court for violating the custody order. The supreme court reversed the order and found that it could not be dictated to the custodial parent where they may reside within the state. With that being said, you might have an agreement with your spouse. Your moving may affect his/her willingness to agree to custody once you arrive in court.
References: Holiday Visitation Issues
Divorce Articles & Frequent Questions
Three Simple Steps
Find out how simple the divorce process can be when you work with a law firm that puts you first. Book your consult today!
3. MOVE FORWARD