Legal Question in Family Law in Maine

Order for post judgment relief

My ex wife and I were divorce in Maine w/ child (who was born in Maine). My ex wife and child moved out of the state of Maine and to Arizona in January 2005. We had court proceeding pending before she moved out of the state and on July 21, 2005 we got an order for post judgment relief, signed by a CMO in Maine. The order states that the state of Maine would retain juridiction over child custody disputes until September 3, 2005. Since the time of this order she has not filed anything in the state of Arizona and has informed me that she and child are moving back to Maine on Jan 13, 2006. She is contempt of not only the order for post judgment relief but our orignal divorce decree as well. How do I over ride Arizona having jurisdiction now that she is moving back to Maine? and would I file a contempt order with the state of Maine, as she has already retained legal counsel in Maine? I am currently residing in Massachusetts and have for the past 2 years. I am also seeking to move for custody of the child as I feel she is providing an unstable environment, fear of her psychological state and have also questioned parental alienation sydrome by her.


Asked on 1/02/06, 5:31 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Order for post judgment relief

It sounds like Maine would be the correct venue for your post-judgment motions. Although the Court has said that its jurisdiction would essentially "lapse" in Sept. 2005, once she returns to Maine with your child, Maine would have jurisdiction over the dispute. Not knowing the specifics of her alleged violations, it might make sense to file a Motion to Enforce rather than a Motion for Contempt. This is a process that is similar to the contempt procedure, but has a lower threshold of evidentiary proof. If this is something that you believe you may want to pursue, please contact my office.

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Answered on 1/03/06, 9:23 am


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