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What will happen if my ex takes our child out-of-state even for a day?

Denver, CO |

I believe my ex will take our child out of state (right across the border) often without my consent. How do I get him caught? I believe he's doing pornographic things with our child along with other children in a huge cult across state lines. I've investigated MUCH (whereas the custody evaluator did "not" even investigate this at all) and I believe I could send police right to the place where all this takes place.

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Attorney answers 3


You can report it to the police if your believe criminal activity is present however if you do so you can run into problems if you have made a false report. With regard to the child issue most divorce decrees require that the other parent sign a document allowing out of state travel. If the other spouse has violated this then a motion for contempt can be made.


I disagree with part of Mr. Connell's assessment. Most divorce final orders do not require the permission of the other parent to travel outside the state with the children. Before the final orders are entered, there is an Automatic Temporary Injunction which prohibits taking the children outside the state, but that order disappears when the final orders are entered. At that point, moving the child's residence out of the state would require consent or a court order, but just traveling outside the state would not. If your final orders are the exception to the general practice and actually prohibit travel outside the state, you could pursue a contempt citation against him if you can prove he took the child out of the state in violation of the order. Whether the court would impose any significant penalty is a different issue.

If you have any real evidence that he is subjecting your child to sexual abuse, you should make a report to law enforcement and the the child protection unit of your county's Department of Human Services. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

John M Connell

John M Connell


I would defer to Mr Geil in this area and his answer with regard to the decrees. Check your papers to see if there is anything there that is helpful in answering this for you.


You speak of your ëx"as though permanent orders have entered in your case. If there is a permanent order, that will contain the rules for out of state travel such as notice to the other party, an itinerary, permission and the like. It is also possible that if you did this yourself, the permanent orders say nothing at all. The real question is the basis of your concerns that your child is being placed in an endangering situation. What evidence do you have to support your belief that you ex is involving your child in pornography? Is this based on real happenings or just a fear on your part? In any case, you need to consult with a fmaily law attorney as this is seriousl business. Good luck to you.

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