I had agreed for my ex wife to take my kids to one state and it stated that in our parenting plan with the relocation being agreed upon and i just recently found out that my wife moved my kids to a different state but she herself stayed in the original state that my kids were suppose to be in with her. Isn't that kidnapping and abandoment?
I am sorry to hear about your situation. If she relocated the children to a different state than the one agreed upon in your parenting plan, then it is a violation of the plan and possibly violation of a court order if it was issued as a decree. It would be important to know the circumstances surrounding her being in one state and the children in another and the length of time this has been going on. You should consider having an attorney review your parenting plan with you.
No, it's not kidnapping so long as you are able to obtain the child during your court ordered parenting time.
It may well be a violation of your court order and it is definitely something you need to address immediately if you care about your children. However, unless your order provided that the children could not be removed from the new state without approval or court order, you might not have grounds for contempt.
If the children are in someone else's custody for more than six months, that person may acquire standing to seek parenting time orders and that would significantly complicate your life. If your ex isn't caring for the children, it certainly makes sense for you to seek to change the parenting plan and perhaps bring the children back to live with you. It would be a good idea for you to sit down with an experienced family law attorney to sort this out.
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