Legal Question in Family Law in New York

Re: visitation

Unfortunately, you need to take her to court. Interference with visitation is very serious, and can result in a change in custody of the children.

In this situation, I would suggest you get an attorney. These types of custody battles can be tricky, and you will do well to have a skilled advocate. If you cannot afford an attorney, you can ask the court for an assigned attorney. There are income restrictions on an assigned attorney which the court will make clear to you.

Re: visitation

You need to bring the issue to court sooner rather than later.

If you have the means to hire an attorney, you should do so.

If you don't, you should at least find out whether the local bar association in the county where you live has a referral program.

Through such a program you should be able to arrange for an initial consultation, at least, with an attorney experienced in family law issues at a nominal expense.

You can file the necessary petition, yourself, with the aid of the staff at the Family Court.

In my estimation, what you need to try to achieve in court is a "clarifying review" {there is no such thing, as a formal matter} of the letter and spirit of the order.

It is not likely you can get an order obliging her to move back; but you can, with luck & skill, get the court to look at the 'sense' of the order and get clarification as to a pre-notice requirement before any future move & perhaps some relief w/ transportation.

In my estimation {not everyone would agree with this} the way your petition is drafted & presented has a significant bearing on how it is received and considered. Put otherwise, to accomplish this kind of 'review' and 'clarification' - - depending on the particular judge - - it makes a difference How You Ask for it.

So, if you can, *do* consult with an attorney.

Good luck.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<