Legal Question in Family Law in Maryland
My wife and I are going through divorce. She lives in Florida and I reside in Maryland. The judge has ordered a temporary long distance parenting plan which requires both of us to notify the other if removing the kids from the state of Florida for annual (summer) vacation.
She has taken the kids out of state without notifying me where she is going and in addition, when asked directly where the kids are, she refuses to tell me. Do I have any recourse ? Is this criminal since she is refusing to comply with a court order? What should I do?
1 Answer from Attorneys
It's not criminal, but it is civil contempt. Is this a Maryland court order or a Florida court order? Under Maryland law, you can file a petition/motion to have her adjudicated in contempt. Before doing so, make sure you document that she removed the kids from Florida and that she won't tell you where the children are. Do you have e-mails from her? Other documentation of her failure/refusal to comply? If you are going to file a contempt action, don't get into a he said, she said. File only if you have proof of her violation of the court order.
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