Legal Question in Family Law in Montana

A lot can happen between filing a petition and the court issuing a final decree. You don't mention whether you and the other parent filed any motions for temporary orders, or whether the court issued any temporary orders regarding parenting. If no filed order restricts a parent's rights and responsibilities then, yes, a parent could take the children out of state for a visit. Tried and true wisdom is that "an ounce of prevention is worth a pound of cure." The better approach here is to prevent potential misunderstandings and problems:

-- The parents agree on a Temporary Parenting Schedule, and have one of the attorneys draft it according to Montana statute and the court's preferred form.

-- Be specific about each parent's rights and responsibilities to parent the children.

-- Include a proposed order that the Judge can issue.

-- When the order issues, each parent should have a copy of the order.

-- Each care provider should also have a copy (day care, for instance).

Otherwise, if you ask law enforcement for help in retrieving the children or enforcing any oral agreement between the parents, you're likely to hear, "All we can do is enforce a court order. If you don't have an order, we can accompany you to the other parent's house, but we have no authority to retrieve your children."

As casual and friendly as separated parents might be, the best way to keep it smooth and friendly is to have an order that protects both parents' rights and outlines both parents' responsibilities.