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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]OP should not wait for him to file.  She should file for two things:

1) Temporary custody orders that prevent the children from spending the night, or more than a certain number of nights out of state without written consent from the other parent.

2) Freezing bank accounts and assets.

She should also consider that, unless there is abuse, it will be in the best interest of the kids to spend time with both parents.  If he's moving out of state, then extended stays during school breaks, that start now while they're still used to living with him, are probably going to be part of that.  So, the goal probably shouldn't be to prevent him from taking them to the new state for a visit this summer.  It should be to make sure that if he takes them, he takes them with official documentation that he has committed to returning them on a certain date, and a court order that means that if he tries to keep them and enroll them in school in the other state he is in contempt.

And yes, there's a good chance that he is already planning to return them, probably even better than the chance that he isn't.  But as parents we take steps all the time to prevent unlikely occurrences.  It's unlikely that your kid will be in an accident on their bike today, but you probably still make them wear a helmet, because bike crashes are real possibilities, even if they happen less than 50%.  There is a real possibility that he is trying to position himself for primary custody, and OP should protect against that.  [/quote]

Excellent advice, every word. [/quote]

There has to be a factual basis for these allegations or else OP will end up losing the motion and paying her husband's attorneys fees for a bad faith filing.

All the husband ever said is he is leaving her and wants to take the kids for part of the summer.  He didn't threaten her.  He didn't threaten them.[/quote]

What? No. You don’t need to prove anything to get a temporary custody order. He said he wants to divorce, wants to take the kids out of state, and wants to move. That’s more than enough to get a temporary order that requires the other parent’s consent for out of state visits.[/quote]LOL no
 A temporary order will dictate who gets the children when and where. Not OP. He won't need to ask her permission either the judge will allow it or he won't. If she makes allegations that he should not be allowed to take them out of state at all because he intends to not return them, she better have more than DCUM to back up that claim[/quote]

I’m not sure what your agenda is here. The temporary order would set out a schedule (including vacations) that each party has to file. It would solve any issue of the ex moving the kids because he would be bound to bring them back. OP wouldn’t have to allege or prove anything about her fears he intends to keep them out of state. It could also spell out that any out of state travel has to be agreed to by each parent. [/quote]

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