Sometimes
when a spouse talks about getting a divorce, the other spouse threatens to move
away with the couple’s child(ren). Local law enforcement may not offer any
relief, as biological or adoptive parents are not “kidnapping” the child(ren).
Filing for a divorce in a county domestic relations court (when the couple is
married) or filing for custody and/or visitation orders in a juvenile court
(when the couple is unmarried) may offer some protection.
Sometimes a spouse
alienates the affection shared between the couple's children and the other
spouse. Spouses can be enjoined from committing such acts and contempt
proceedings can be initiated when a parent involves the couple's children in a
manner that would interfere with the relationship between the couple's children
and the other parent.
The following two
excerpts from the Warren County, Ohio Domestic Relations Court Local Rules and
Forms illustrate potential protections during divorce proceedings. An attorney
can assist you in asserting your parental rights.
If you are a residential parent or
participate in a shared parenting plan and intend to move, you must file a Notice of Intent to
Relocate with the Clerk of Courts and mail a copy to the other party.
Notice must be sent within the
following time frames.
1. If relocating within Warren County-at
least thirty days in advance of the move.
2. If relocating outside Warren County-at
least sixty days in advance of the move.
If either party seeks a change in parenting orders as a
result of relocation, that party shall file a motion with the court and
schedule a hearing. (See Warren County DR Form 8.)
Mutual Restraining Order
IT IS ORDERED
PURSUANT TO LOCAL RULE, EFFECTIVE ON THE DATE A COMPLAINT IS FILED, THAT EACH SPOUSE IS ENJOINED FROM COMMITTING
ANY OF THE FOLLOWING ACTS:
1.Threatening,
abusing, stalking, annoying, or interfering with the other party or the parties’child(ren);
2. Incurring credit
in the name of the other party or in the parties’ joint names, except for
necessary food, housing, utilities, medical care and necessary transportation,
or allowing a lien or loan to be placed against their real or personal
property;
3. Selling, disposing
of, or dissipating any of their real or personal property, including money
(other than regular income), of either party, or removing household goods and
furniture from the marital residence;
4. Changing or
failing to renew the present health, life, home, automobile, or other insurance
coverage; removing the other party as a beneficiary on any life insurance or
retirement benefits without further order of this Court;
5. Removing the minor children of the parties
from Ohio except for holidays or vacations (not to exceed ten days);
6. Claiming the
children as dependents on any income tax return without prior Court order.
Nothing
in the above restraining order prevents a spouse from using his or her property
to pay necessary and reasonable attorney fees, litigation and court costs in
this action. (See Warren County DR Form 7.)
When
your spouse violates court rules or court orders you can have your attorney
initiate proceedings to have your spouse held in contempt of court. The court
can impose a variety of sanctions against a spouse who is held in contempt of
court.
The Parental Kidnapping Protection Act (PKPA; (Pub.L. 96-611, 94 Stat. 3573, enacted December 28, 1980; 28 U.S.C.
§ 1738A).
Purpose: to establish national standards for the assertion of child custody jurisdiction within the United States. The home state where a child resided within the
past six months is given preference in order to prevent forum shopping. Forum
shopping occurs when one parent commences an action in another state for the
purpose of obtaining a favorable court ruling.
In addition to its provisions for full faith and credit, the Act provides
that a State cannot modify the child custody decree of another state without complying with the terms of the
Act. When a State modifies a previous child custody order not in compliance
with the Act, the modification shall not be entitled to full faith and credit
in other states.
1999 Congressional amendment included “visitation” rights in the definition
of “custody” rights covered by the Act.
The above information
is not offered as, and does not constitute, legal advice. The information
presumes you are not currently represented by an attorney who knows your
specific circumstances.