My wife and I are seperated, and i am worried she will leave the state and move with the kids.
The law provides you relief from such a move if it is done without your permission or court order. According to MGL Chapter 208 §30 (http://www.malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section30), it is unlawful for a parent to leave the Commonwealth with the children without first litigating the issue if the other parent does not consent. If you are concerned about her moving elsewhere, you might want to cite this statute to her so she is aware that such a move is not permitted. Courts will not hesitate to order the return of the children to the Commonwealth if she does not observe this statute. Consult with a lawyer for further assistance.
Depends on its contents
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I am not sure what the document says, but if there is already a judgment providing for custody and visitation then if she wanted to move and you did not agree she would need to go to court and get the court's permission before she could move. If there is nothing already in the court system you could initiate something and attempt to stop her from moving that way.
Atty. Reade is correct that the court permission process is what she needs to do if she wants to move. Whatever the notarized document is would not stop her, but before a court would be valuable evidence if in it she agreed not to move, and then did it, or petitioned the court to do it, anyway. If she moves without permission, of course the key for you would be to know where, so that you could execute upon the court order for return you'd get and/or pursue parental kidnapping charges if you decide to go that route.
To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
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