In the arrangement, it states that I am able to move out of state with the children but I am to drive them back to KY for Christmas and summer as agreed upon between my ex husband and myself. There have been quite a few cps claims against him and my children do not want to go. They are 13 and 9. Do I have to bring them for Christmas?
If the arrangement that you are referring to is an agreement, a mediated agreement, or a court order, non-compliance may result in contempt. The best course of action would be to make a motion to modify. If you simply refuse to comply, then there is a risk that the other side will file a motion contempt/enforce and you will have to defend yourself. This is a general answer only and is not legal advice as not all facts are presented.
By answering questions in this forum, Attorney Anna Aleksander does not undertake to represent you in your legal matter, and no attorney-client relationship is formed. Answers are provided for general informational purposes only and should not be relied upon as advice of counsel. Speak with a lawyer who practices in this area to determine the best course of action for you and your case.
I agree with Ms. Aleksander. You will not be able to get a hearing until after the first of the year though. Your 13 y/o is old enough to know how to call for help if necessary. It may be a good idea to prepare them about what to do if certain things occur.
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