Legal Question in Family Law in Arizona

Non compliance of divorce decree/parenting plan

I have joint custody of my 5 year old daughter. My ex-wife recently requested to take my daughter out of state for a vacation. Per our signed divorce decree I have denied her request at this time. She is claiming she is taking her anyway (August 23rd,). What can I do to stop her from taking her out of the state and what are the legal ramifications to her if she does anyway? Can the police get involved? Due to our extremely hostile relationship I have filed a motion in the courts to become the ''Primary Caregiver''. My court date is September 21st and I would like to seek legal help on this issue.

Asked on 8/17/04, 3:58 pm

1 Answer from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.
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Re: Non compliance of divorce decree/parenting plan

Sent 8/17/2004

There are a few steps you could take. First, perhaps a phone call or written demand from an attorney would convince her not to go. Or, the most aggressive step you could take is to file for an emergency restraining Order.

I can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 8/18/04, 11:17 am

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