Q: I have physical custody of my children with shared visitation with my ex. I am moving out of state. My ex tried to do an
Emergency stop move and it was denied. Can I move? Will I be in contempt of court?
A: I know you will not want to hear this response, but more facts are required to provide a thorough analysis. Uncertainty exists with the court denying his request to stop you from moving. You could be in contempt of court for violating a court order since most orders require permission from the other parent or permission from the court in order to relocate with a child. Move-away cases are not generally decided a ex parte emergency hearings, but there truly are not enough facts to decipher what is going on. You state that you are moving out of state with the children, but that doesn't mean that a court has ordered this unless a court has in fact ordered this. You can see where facts are critical in helping a lawyer analyze the situation. You need to be certain that you can move since a court could find you in contempt if you move without permission from your ex or the court. Move-away requests that are opposed usually go through a trial, and if you did not have a trial when the other parent objects, it is likely that you will get in trouble. If there is doubt in your mind, it's unlikely that you can move. However, you can't rely on postings unless a thorough analysis has been completed.
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