Where do I stand legally to still take my kids out of state so that she cannot use it against me?

One question is do you have just an agreement (which has no legal validity) or an order signed by the court. If there is a court order that says you need to have written consent and she hasn't responded, go to court on a motion/order to compel a response.

Then you will have to go to the court to get the court approval. In Idaho, that is a very high barrier. The court can't keep you in the state, but can keep the kids. You will have to show that it is in the best interests of the children, not just you, to make the move.

If your decree requires you to have your ex-wife's written consent before you can move out of state, then you will need to give consent. However, if she is deliberately interfering with your ability to communicate with her and is refusing to accept or return your phone calls and written communication, you can go to court and ask the court to intervene. I would file a motion with the court (and yes, you will have to send a copy of this motion to your ex-wife) informing the court of the efforts I have made to notify my ex-wife I want to move and that I am trying to seek her consent. I would further explain to the court that despite my best efforts to communicate with my ex-wife, she is ignoring those efforts. I would then ask the court to grant me permission to relocate, since my ex-wife is refusing to honor your obligation to communicate with me on this point. Those who read my responses to legal questions know that I do not always advise people to hire attorneys if attorneys are not needed for certain specific legal issues and legal needs. Your situation, is not one of those in which I would recommend you go it alone. If you file this motion incorrectly or proceed incorrectly or in a clumsy manner, you could end up losing an argument you otherwise might have easily won. I would highly recommend you hire a good (not just any) attorney to assist you in this undertaking. Sincerely, Eric K. Johnson Utah Family Law, LC Tel. No.: (801) 466-9277 x 302 Cell No.: (801) 466-9277 x 404 E-mail: eric@divorceutah.com Facebook LinkedIn *NOTICES*: This message (which originates from the law firm of Utah Family Law, LC) and any file transmitted with it: 1) contain(s) confidential information protected by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521; 2) should be considered and treated as proprietary, confidential, privileged, and protected by the attorney-client or attorney work product privileges; and 3) is transmitted in this form based on a reasonable expectation of privacy consistent with ABA Formal Opinion No. 99-413. If you are not the addressee, note that any disclosure, copying, distribution, or use of this message or the information it contains by anyone other than the intended recipient, regardless of address or routing, is strictly prohibited. If you have received this message in error, please advise the sender by immediate reply and delete the original message. Personal messages express views solely of the sender and are not attributable to Utah Family Law, LC. No attorney-client relationship between Utah Family Law, LC and a potential client exists without the signing of a fee agreement any payment of the initial fee required in the fee agreement.

As it is the court order which is in effect which controls the situation, the only thing that you can do under the circumstances would be to go back to the court and seek its permission.