Legal Question in Family Law in Arizona

Visitation and the possibility of fleeing the state with the child

Child has court ordered visitation with mother on holidays. Mother has notified father that she will attempt to take him (the father) to court to gain custody of the child. There is resonable belief that mother may flee with the child instead of going through with the court proceedings. Will the father be in violation of court orders if he will not allow the child to visit her mother?


Asked on 2/25/02, 11:03 am

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Visitation and the possibility of fleeing the state with the child

YES.

If there is proof of the threat, Father can seek emergency orders restricting Mother's access. However, he should be very careful in unilaterally canceling access without seeking Court permission to do so.

I can explain the procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 2/25/02, 2:38 pm


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