With all due respect to the other lawyers who posted, they are dead wrong on the jurisdiction issue. Assuming the "papers" you signed were incorporated into an order (which obviously needs to be clarified), then New York would have "continuing, exclusive jurisdiction" over any modification and/or enforcement proceeding under the UCCJEA (http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$DOM76-A$$@TXDOM076-A+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=47408208+&TARGET=VIEW). My suggestion is to schedule a consultation with a NYC Child Custody lawyer (& particular one with experience in inter-state matters) for a full review of your paperwork.
* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.Ask a similar question
Presumably YOU had a lawyer help YOU with your divorce or dissolution, not a joint lawyer who was hired by your wife. If so, go to YOUR lawyer. They will know the proper procedure. The first and best thing will probably be for your lawyer to write a letter to your ex and if that doesn't get her to change her mind, your lawyer will likely file a motion in the court to enforce the agreement. A new case will not have to be filed because the cases remain open just for these types of circumstances.
If you don't have your own attorney, check Avvo for a local attorney who practices in the area of domestic relations or contact the local bar association for a referral. You do NOT want to handle this yourself in court.Ask a similar question
Under the UCCJEA, Rhode Island family courts will have jurisdiction because the children have resided there over six months. However, the terms and conditions of the New York court and consents regarding visitation are still binding. You should hire a family law attorney in the county where the children reside for enforcement/violation or contempt of the NY order. You should be able to participate in any hearings by telephone without the need to travel to Rhode Island if that is a problem or concern.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".Ask a similar question
I agree with Mr. Lebowitz. You can use the Avvo find a lawyer tab to locate someone in RI. Good luck! (Also, you should look at whatever your agreement was and note whether or not there is provision there for you to seek counsel fees from her since she is in violation of the agreement. That might be worth pointing out to her before you start the fighting - as a means of discouraging her from perisisting down this road).Ask a similar question
Mr bliven is correct, NY would have continued jurisdiction on such a case and as such a violation of that order should properly be filed in the same Court that issued it...
Feel free to contact us to discuss further if need be...Ask a similar question
Sign up to receive a 5-part series of useful information and advice about child custody law.