Legal Question in Family Law in Montana

When you say you have joint custody, I'm assuming you have a court order establishing that arrangement. Do you have a parenting schedule, too? If you have a "parenting plan" or other document that spells out a schedule -- for instance, the children will reside with Mother on these days of the week, and with Father those days of the week, that court document requires each parent to have the children available for the other parent's time. Also, state law requires that when a parent intends to move, that parent must give the other 30 days' notice of intent to move and provide a proposed new parenting plan.

So the short answer is: If you have court-ordered parenting, and one parent violates the order, the wronged parent can seek the court a court order for the violating parent to return the children. The wronged parent can enlist the aid of law enforcement to help enforce the order and help you retrieve the children. In your motion for the court ordered return of the children, you can also ask for an order requiring the violating parent to reimburse your costs in retrieving the child(ren).