Legal Question in Family Law in Virginia

I have been separated from my wife since 2006 The separtion/ custody order went in to effect 2008.There is a custody and child support court order.I am staioned in Virginia in the United States Coast Guard.She(My wife) and the children(the (3) boys) currently live in New York.The agreement says; That the husband and wife agree that the custody,supervision,care and control of the children, shall be held jointly by both Husband and wife;with the wife to have physical custody;That the husband shall have liberal righst of vistation with the children at reasonable time upson reasonable notice to the wife.Each party shall exert every reasonable effort to matain free access and un hampered contact between the other party and the children.The wife agrees to be reasonable in accomodating any desires of the husband for visitation with the children or any express wishes of the children to visit with the fatherHowever she is not allowing me to see them or speak with them.Would I have the right to pick them up and bring them home with me to Virginia.If I believe that they are not being cared for and she is not communcating with me or allowing me to see or speak to them?Please help me, I am a desparate father who just feels his children are being neglected.I dont want to get in trouble for kidnapping.I just want to see if i legally can bring them back to Virginia were I know they will be safe.PLEASE HELP


Asked on 11/28/10, 8:31 am

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

Your safest option rather than risking violation of this order by way of self-help is to file a motion with the court currently responsible for the order for a Rule to Show Cause against your wife (as to why she should not be found in contempt for violating the current order and sanctioned, accordingly.)

Read more
Answered on 12/03/10, 5:18 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia