Mother Refuses to Return the Children to Texas

[mommy4kids]

My husband and I live in Texas. He just got back from a year long deployment overseas. Before he deployed he gave permission for his ex to temporarily move his 3 kids to Connecticut during his deployment. It stated in the papers that they both agreed that it was in the best interest of the children in the short term but not the long. He has Shared Custody and before he was deployed he had them a week then she did. The Court Order stated that she was to return to TX when his deployment ended, however she has decided not to. We are getting a little information from outside sources that she did a modification in CT while he was gone. Is that even possible without him being notified? Or is it possible for her to do it now? We have been advised that the Tx court order does not have juristiction in CT, if this is true then who do we get the kids back here?

Any advise or thoughts would be much appreciated. If anyone has had to deal with inforcing out of state orders such as this please let me know.

Thanks

[Xena]

My husband and I live in Texas. He just got back from a year long deployment overseas. Before he deployed he gave permission for his ex to temporarily move his 3 kids to Connecticut during his deployment. It stated in the papers that they both agreed that it was in the best interest of the children in the short term but not the long. He has Shared Custody and before he was deployed he had them a week then she did. The Court Order stated that she was to return to TX when his deployment ended, however she has decided not to. We are getting a little information from outside sources that she did a modification in CT while he was gone. Is that even possible without him being notified? Or is it possible for her to do it now? We have been advised that the Tx court order does not have juristiction in CT, if this is true then who do we get the kids back here?

Any advise or thoughts would be much appreciated. If anyone has had to deal with inforcing out of state orders such as this please let me know.

Thanks

legally, it shouldn't be possible for her to have modified the order without notification, or CT taking jurisdiction. However, things like this have happened. Your husband needs to find out if that was done, if it was, he should be able to have that modification overturned, but he should consult a local attorney before he files.

He can also file for contempt, IF the existing order specifically states that she is ordered to return the children to TX upon Dad's return from deployment.

[mommy4kids]

It does state that she is Ordered to return the children upon his return.

[bigcountrysg]

It does state that she is Ordered to return the children upon his return.

If she did not get the order modified with in CT. Then he needs to file contempt charges with the court that originally issued the order.