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What To Do When Your Spouse Leaves With The Children

This is a situation that occurs all too often near the end of a marriage. One parent unilaterally leaves with the kids, leaving the other parent without the ability to visit with their children. If you are the parent who has been left alone, without the ability to see your children, this can be an especially painful and difficult time. Your feelings may range from hurt and sadness to anger and rage over what your spouse has done. Your initial “knee-jerk” reaction may be to want to get back at the other spouse by calling the police, or filing an emergency petition with the Court.

In these difficult situations, most parents forget that the anxiety and pain they are feeling is not born by them alone. Often the children are even more traumatized by being separated from not only their other parent, but also the comfort of their own home, school, friends, etc. If the parent that leaves takes them farther away, possibly out of state, these feelings of fear can be even more intense for the children.

Fortunately, in Orange and Osceola Counties, the Courts recognize how difficult this type of experience can be for children, and a standing order is in place to help prevent a spouse from taking children away from their other parent. In almost all cases, this Order will be put in place immediately upon the filing of a contested Dissolution of Marriage petition.

Administrative Order No. 2004-05-01 finds that contact with both parents is in the best interest of the children, children are entitled to frequent and continuing contact with both parents when they separate or divorce, and orders that shared parental responsibility shall take place until a final order has been entered.

Furthermore, this administrative order says that the parent who wants to be the “primary residential parent” has an affirmative obligation to “encourage and nurture a relationship between the children and the alternate residential parent.” Any parent who fails to encourage a relationship between the children and the other parent, or who unreasonably restricts access of the children to the other parent “perhaps should not be designated the ‘primary residential parent.’ ” This is because the parent restricting access is not acting in the children’s best interests and is not following the law.

Because the Court orders “shared parenting” as part of this order, wherever the children are living, the parents must still confer with each other and agree upon all MAJOR parenting decisions. If the parents can’t work out an agreement, then the Court will decide.

An important part of this administrative order deals with relocation of the children. Neither parent can move the children to a new residence that is beyond a ten (10) mile radius of the current residence. In addition, neither parent may change a child’s customary school district or day care arrangement without the written agreement of both parents or an order of the Court.

What does this mean for the parent who has been left alone without their children? By filing for divorce, you can prevent your spouse from lawfully skipping town with your kids.

At The Law Office of James W. Hart, we advocate negotiation and mediation to work out a parenting schedule that will not only work for both parents, but will consider the best interests of the children. Although a divorce can be a difficult and painful process, we strive to make it as simple and conflict-free as possible. By keeping the process amicable, everyone wins.

If you have any questions about this information, or how the Administrative Order referenced above may impact your case, please contact Orlando Divorce Lawyer James Hart to schedule a matrimonial assessment.

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Law Offices of James W. Hart
809 Irma Avenue, Suite 3
Orlando, FL 32803

Phone: 407-839-4340
Fax: 407-386-7474

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