QUESTION
Should I still allow our daughter to spend Christmas with her dad after her dad threatened that he won't return her to me?
Asked on Dec 13th, 2014 on Child Custody - North Carolina
More details to this question:
We currently live in North Carolina but the judgement was made in Massachusetts. Per this order, my daughter is to go with her father the day prior to Christmas to the Sunday after. I am responsible for bringing her one way, he is responsible for bringing her back. This said, we were discussing this the other day & he stated " Well I guess you will have to call the cops to get her back, maybe they will drive her down to you." Since then, he has stated he has a flight booked for her return but will not provide proof of this flight. Am I legally responsible, given his threat, to allow her to go with him?
1 ANSWER
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If you are ordered to permit visitation at Christmas, then you have an obligation to do so. Because it is a Massachusetts order, and it appears he still lives in Mass., then the court in that state still has jurisdiction and can be asked to enforce the order. If he refused to return the child, you would be stuck trying to have him held in contempt and ordered to produce the child. That could take time. If you do refuse to allow the visit, then he could potentially ask the court to find that you violated the order and you would have to convince the judge that you were right to withhold visitation. You may want to consider filing a motion with the Mass. Court asking to be allowed to transfer the case to North Carolina so that you can modify the order in your home state.
Answered on Dec 15th, 2014 at 4:23 PM