After 7 years we still do not have a formal agreement on file with the court. I recently moved to Texas and my ex will not place our children on a plane unless I fly back to pick them up. Is there a simple to resolve this issue without a protracted and expensive legal battle?
Answer
I do not understand why you would not have a parenting court order after 7 years of being involved in this family law matter. If you have no parenting orders addressing this issue and cannot get the other parent to agree to a stipulated parenting order, the obvious next step is to file a motion with the court requesting the establishment of a specific visitation and parenting plan.
Answer
I am assuming you have not filed or finalized the divorce, or were never married. The short answer would be to come out and pick up the kids, but that would mean being penny wise and pound foolish. Without an order, you can be brought into Court at any time for a custody and visitation order. Until you establish residence in Texas, California is the only court with jurisdiction, and you can be forced to fight it in court in California.
I think your best bet is to file something, depending on what the situation is, to bring this matter before the Court immediately. Come to an agreement with your ex, and have a judge sign it. In the long run, that is going to be your cheapest option by far.
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