Currently going through a divorce and the soon to be X violated the Summons (ATROS) and took our child out of the country. We went ex parte and tried to stop her before she took off, the judge said there is already ex parte relief because there are ATROS in effect. She took our child anyway but came back, her attorney is arguing that the Civil restraining order against me allows her to leave with our child. I have the transcripts of the judge stating the ATROS numerous times and when we went back to court while she was out of the country the judge acknowledged that court orders were violated but said he would of let her go anyway if she asked. I am going for 2 counts of contempt, missed visits and the ATROS, do I have a chance of it sticking?. Anyone ever had to deal with this issue
I think going in on a contempt action is an option of last resort. That said, it is difficult to comment on your question because there seems to be a lot going on here--most importantly, the restraining order. It also sounds like you are pissing off the judge since he/she already told you that he'd let her travel out of state with the child if she asked. You need to be able to read the judge and determine if he/she thinks you are simply overreacting. Keep in mind that the purpose of ATROs is not to prevent a parent from vacationing with the child out of state--it is in place to prevent child abduction. Perhaps your contempt is simply a way to highlight her violation of the court orders in an ultimate attempt to demonstrate that she is unable to co-parent thus warranting a change in custody. But, I suggest you proceed with extreme caution.
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