Legal Question in Family Law in Utah

Visitation

I am active duty Air Force and stationed in Utah. My ex spouse is living in New York with my 3 children. I am supposed to have my kids this summer for a month and a half. I have made arrangements to have the kids flown to Utah at my expense but she refuses to take the kids to the airport and put them on the plane for safety reasons. I understand her concerns but is there any legal recourse of actions I can take to get her to comply? Driving from Utah to NY and back is an 8 day round trip and the dangers are far greater. Help. Thanks


Asked on 2/27/04, 12:25 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Visitation

Without knowing the ages of your children and their background, there is no way to make such a determination. You can consider making arrangements for an adult to travel with them - i.e, you could fly back and get them and return. Then your ex could fly out and pick them up. Your other choice is to get an attorney in NY to file the appropriate request with the court there.

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Answered on 2/27/04, 12:43 pm
Edward Stone The Stone Law Firm

Re: Visitation

The place to enforce visitation is the state in which the decree was issued. If no one resides in that state, then visitation issues are appropriately handled in the state where the children primarily reside. My experience is that so long as the children are old enough to fly on their own and don't have any special needs, judges will enforce visitation and order the non-complying spouse to put the kids on the plane.

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Answered on 2/27/04, 1:31 pm


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