Legal Question in Family Law in New York

Violation of Divorce Agreement
In May of 2006, I had a restraining order against my ex-wife to stop her from relocating the children to Hawaii. The order was judged in Supreme Court that she would not relocate.

Now, my ex-wife has violated our divorce agreement by taking the children on vacation (to Hawaii) for longer than 30 days. In June, she sent me an email confirming she will be on vacation from Aug 1st � Aug 31st; however, she actually left on July 11th with my children. She took away my weekend to see them (claiming �you�re only losing one weekend�), and has not provided me with contact information of where they are. (I filed a Petition for Enforcement of an Order of Custody/Visitation in Family Court to get this contact information, court hearing pending in August.) In addition, she is still trying to get my approval to let her move by using reduction of child support (my children�s best interest are non-negotiable) as a bargaining tool.

I am the NCP; I exercise all my visitation rights, and pay all child support. What are the implications of her actions? Thank you for your help with this matter.

Asked on 7/22/06, 11:02 am

Debra Palazzo Law Offices of Debra Palazzo, LLC

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Re: Violation of Divorce Agreement

Amongst other things, she risks losing custody to you (if you filed an order to show cause for same).

Answered on 7/22/06, 11:16 am

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