Legal Question in Family Law in Virginia

Jurisdiction

My divorce was finalized in VA. Along with the parenting plan giving me and my ex joint legal custody but the children living with my ex. I have visitation. My ex denied me my visitation this past summer with my kids without good cause. Aug 1, 08 my ex took the kids and moved to New Hampshire. I was not given any notice and she had her lawyer file with the courts on July 25th, 08. I am military and am now stationed in Hawaii. No one is in VA but all visitations is court ordered to be in VA. My ex has already stated that next summer when I try and come for the visitation, the she will not bring them to VA. She also stated that she has filied the court papers in NH now. Who has jurisdiction? Can I file my papers here in HI? I have extensive documentation on her contempt and violations of the order. If she refuses I need to know where I can file a show cause motion.


Asked on 11/25/08, 4:41 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Jurisdiction

Once the children have been in New Hampshire continuously for at least six months, that state would have jurisdiction over the issues of custody and visitation, under the provisions of the Uniform Child Custody Jurisdiction Act (UCCJA).

Filing your papers in Hawaii would be an exercise in futility as that state would have no jurisdiction in these matters; you will apparently need to contest them in New Hampshire.

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Answered on 11/25/08, 8:12 am


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