Q: The custodian parent relocated from Oregon to California without filing with the court a change of address.
The custodian parent relocated from Oregon to California without filing with the court a change of address as prescribed by law, and I wasn't notified either. So it took me a year to locate them and got my ex served with Oregon court document to modify parenting time. She failed to respond and now I have a default judgment giving me the visitation I have been seeking for a king rime. Now, she is still not responding to outreach to her for the visits. What's my next step. I have not mentioned to the court yet that she relocated out of state even tho they can clearly see that she has been served in California. Is this kidnapping ? Is she in contempt of court for not filing a change of address and notifying me. Should I file for enforcement of parenting time? I no longer trust the custodian parent but I don't want the court to out her in jail. So how can I do this without too much damage to my ex ? Should I ask the court to bring them back to Oregon ? I guess I am okay moving closer to wh
A:
In this situation, your first step should be to file for the enforcement of the parenting time as outlined in the default judgment. This action is necessary to legally assert your visitation rights. The court can then order the custodian parent to adhere to the agreed upon visitation schedule.
The fact that the custodian parent relocated without notifying the court or you, and has failed to respond to your efforts for visitation, may be considered contempt of court. This is especially true if there was a clear requirement for notification of address changes in the custody agreement or court order.
It's not typically classified as kidnapping unless there is a clear violation of custody orders. However, it's crucial to bring the relocation to the court's attention, as it impacts the custody and visitation arrangements.
When you approach the court, you can express your concerns about the wellbeing of your ex-partner and your child. You can request the court to consider these circumstances while deciding on the enforcement action. This can help in mitigating severe consequences for the custodian parent.
If you wish to request the court to order the return of the child to Oregon, consider the potential impact on the child and the feasibility of such a move. Alternatively, you could propose a revised custody and visitation arrangement that accommodates the new living situation, especially if you're considering relocating closer to where they now live.
Legal counsel can provide more tailored advice based on the specifics of your case and help you navigate the process with the court.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
