Legal Question in Family Law in Montana

Just to clarify: The Decree of Dissolution addresses your marital status. The Parenting Plan addresses rights and responsibilities of the parents toward the child. So I'm guessing you mean Parenting Plan. Also remember that the court adopts the Parenting Plan, which becomes part of the court's order dissolving the marriage and establishing the parenting plan. So what was a proposed Plan is now a court-ordered Plan.

That said, if the plan sets out your parenting contact, you have a right to that time and the other parent has an obligation to allow it to occur. Obstructing the other parent's contact is a violation of the order. As a result, you have the right to seek the court's help in enforcing the plan. Violation can be considered contempt; Parental Alienation is a much worse than obstruction and much harder to prove.

If the parenting order is from a Montana court, Montana law requires the the parent who plans to move to notify the other parent and provide a proposed amended parenting plan at least 30 days before the move.

To find out if Mother has already moved, you could try sending something a card to your son. If it bounces back to you, you can assume she's moved without notice. Moving without notice is a violation of the parenting plan (assuming this language is part of the plan) and a violation of the statute. It is probably not kidnapping, but it is interference or obstruction of your parenting time.

You need to file in the state court that issued the parenting plan. If it's Montana, and if you file pro se (representing yourself), you can use self-help/pro se forms for the issues you want to address. If you need legal help (assuming you file in Montana) you can call the Montana State Bar and ask for the Lawyer Referral Service to see if you can retain an attorney at a reduced fee.