Results 1 to 10 of 30

Hybrid View

  1. #1
    Join Date
    Jan 2015
    Posts
    20

    Default Enforcing an Agreement Not to Take the Children Out of State

    My question involves a child custody case from the State of: SC

    If there is parenting plan is in place for the children not to go out of the state will it hold up in court? There is no court approved custody is in place.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    So by "parenting plan", you mean some sort of informal agreement between the parents.... is it even in writing?

    If we're simply talking about an informal agreement, and there's no court order that would prevent a parent from deciding that the agreement was no longer suitable, then the parent can indicate that they no longer going to abide by that provision of the prior agreement.

    If the concern here is international kidnapping, or that one parent may try to relocate with the children to another state, then the parent concerned about removal should go to court. Otherwise, what's the problem with an out-of-state trip?

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Quote Quoting Mr. Knowitall
    View Post
    So by "parenting plan", you mean some sort of informal agreement between the parents.... is it even in writing?

    If we're simply talking about an informal agreement, and there's no court order that would prevent a parent from deciding that the agreement was no longer suitable, then the parent can indicate that they no longer going to abide by that provision of the prior agreement.

    If the concern here is international kidnapping, or that one parent may try to relocate with the children to another state, then the parent concerned about removal should go to court. Otherwise, what's the problem with an out-of-state trip?
    "Parenting Plan" is a term that many states use to describe a custody agreement. Its something official. The term is considered to be more PC than "custody agreement".

    Trish, one thing that often confuses people is that most of the time, any prohibition from taking the children out of state refers to relocating them or moving them out of state. Normally it does not apply to visits or vacations out of state. What is the context of your question?

    Also, when you say there is no court ordered custody, do you mean that a judge never signed off on your parenting plan?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    I don't disagree with how the term is frequently used. But when we're told, "There is no court approved custody is in place", it's important to find out what the OP means by the term.

  5. #5
    Join Date
    Jan 2015
    Posts
    20

    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Thank you guys...The mother (my daughter) tried to take the kids to Portland without the fathers consent. I stopped her by taking the kids to him. She tried to get him to agree to a "parenting plan" telling him it would protect him. He was going to do it thinking it was the same as a court order custody agreement. I explained that it was not. This is going to be very messy and hard. I am helping my son inlaw to protect my grands. Sad to say but she is not fit to have her kids atm...Yes this is about kidnapping. We (son in law and I) are going to have many questions on different things do I need to start a different thread for each issue?

    - - - Updated - - -

    One question is I know (or think) until a custody order is in place if I have the kids she can come take them from me. Is there a way to get this overrided till he gets to court? He needs my help. Has no one else to leave the kids with..

  6. #6
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Quote Quoting trishcimh
    View Post
    One question is I know (or think) until a custody order is in place if I have the kids she can come take them from me.
    Yes.

    Quote Quoting trishcimh
    View Post
    Is there a way to get this overrided till he gets to court?
    No.

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Quote Quoting trishcimh
    View Post
    Thank you guys...The mother (my daughter) tried to take the kids to Portland without the fathers consent. I stopped her by taking the kids to him.
    Tried to take them to Portland for a visit or tried to move them to Portland. You do realize that you had no right to take her children away from her?

    She tried to get him to agree to a "parenting plan" telling him it would protect him. He was going to do it thinking it was the same as a court order custody agreement. I explained that it was not.
    A parenting plan can very well be the same as a court order if it is signed off on by a judge.

    This is going to be very messy and hard. I am helping my son inlaw to protect my grands.
    It might get even messier and harder if you don't watch what you are doing.

    Sad to say but she is not fit to have her kids atm
    Grandma, its important that you understand that what you and I might deem as unfit is highly likely not to be deemed as unfit by the courts.

    Yes this is about kidnapping.
    No, its not about kidnapping at all. Both mom and dad have equal legal rights to the children and therefore neither one of them can be treated as kidnappers. You, on the other hand could possibly be treated as a kidnapper for taking the children away from their mother.


    We (son in law and I) are going to have many questions on different things do I need to start a different thread for each issue?
    No, keep everything in the same thread.

    - - - Updated - - -

    One question is I know (or think) until a custody order is in place if I have the kids she can come take them from me. Is there a way to get this overrided till he gets to court? He needs my help. Has no one else to leave the kids with..
    Yes, she can take them from you any time she wants and there is not a danged thing that you can do about it. She could take them from anyone that he leaves them with. Even if he gets primary custody she can STILL take the children from someone he leaves them with.

    1. Sponsored Links
       

Similar Threads

  1. Collection and Enforcement: Enforcing Child Support After Custodial Parent and Children Move to Another State
    By kmonique in forum Child Custody, Support and Visitation
    Replies: 15
    Last Post: 06-07-2014, 07:35 AM
  2. Enforcing Custody Orders: Enforcing Visitation of Children Who Live in Another State
    By Srprak in forum Child Custody, Support and Visitation
    Replies: 8
    Last Post: 08-31-2013, 12:50 AM
  3. Resignation: Enforcing an Agreement for Severance Pay
    By JMK64 in forum Employment and Labor
    Replies: 3
    Last Post: 06-17-2013, 01:11 PM
  4. Enforcement of Judgments: Enforcing Tax Provisions of a Divorce Agreement
    By mdaig31 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 07-26-2011, 09:34 AM
  5. Mediation and Arbitration: Enforcing a Mediation Agreement
    By lawfan03 in forum Civil Procedure
    Replies: 2
    Last Post: 09-09-2010, 01:59 PM
 
 
Sponsored Links

Legal Help, Information and Resources