Legal Question in Family Law in Virginia
Broken terms of a custody order
I currently have sole legal and physical custody of my son. One of the terms of the custoday order was that both parties are required to give 30 day written notice prior to any relocation. Are there any repercussions for violating this portion of the order? My ex is currently in the process of moving and I have yet to receive such notice.
2 Answers from Attorneys
Re: Broken terms of a custody order
Yes, a violation of such an order could result in the violator being found in contempt of court and subject to appropriate sanctions.
Re: Broken terms of a custody order
While Mr. Hendrickson is (as usual) correct, I would add that the court is not likely to know your ex has not notified you unless you bring it to the court's attention. The main reason for the notice requirement is to provide the non-custodial parent with an opportunity to oppose moving the child out of the area, which would mak visititation more difficult. Your ex's move mostly affects him, unless he has been an active participant in your son's life. The main thing you have to be concerned with is not knowing where he is to enforce child support obligations. If child support payments are being made through the Division of Child Support Enforcement, they would need to know of his forwarding address as well.