EX taking kids to HI

HELP! My ex informed me today that she is moving to HI and taking the kids with her. We live in MN. I have 50/50 legal custody and court ordered parenting time (everyother weekend, everother holiday, and 6 weeks in the summer months. Can she just leave with the kids? What can I do to stop her from taken my kids away from the only stable family they have? PLEASE HELP ME!!!! I am so tired of being at the end of her stick.

[Gbyte]

No, she can't just leave and if she does she'll likely get in a boatload of trouble. I assume your custody order has a move clause.

Talk to a lawyer asap.

No we have no move clause I wish I would have had that put in the order.

File for an ex parte hearing TODAY! You can do this without an attorney, just go to the court house and get the paperwork, fill it out right there and make 3 (one for yourself, one to serve your ex, and one extra)copies, turn it in IMMEDIATELY! I am confident that the court will order that the child may not be moved out of state (I believe I was ordered to stay in state as soon as he filed the paperwork for the ex parte, I couldn't even take my daughter on a visit to HI during the court proceedings) until a trial has occurred and just cause has been proven... I know, I moved to HI from California with my child 6 years ago. My ex tried to prevent my move by filing for an ex parte hearing...It took a 730 psych. eval. (which proved he was unfit to raise my daughter 50% of the time and the psych. recommended we be allowed to move), numerous court hearings, we were set to go to trial, however, my ex let me move based on the 730 eval. If you have your child 50% of the time or close to it and you are not unfit, then I seriously doubt that the courts will let your ex move WITH your child . Do not inform your ex that she is being served or that you are filing an ex parte, she may leave the state right away.

[tbyte]

You have only every other weekend? That is hardly 50/50, even if you share legal custody.
Are you geographically separated from the mother already? You should really have some weekday nights as well.

[Gbyte]

Originally Posted by tbyte You have only every other weekend? That is hardly 50/50, even if you share legal custody. Are you geographically separated from the mother already? You should really have some weekday nights as well.

He said 50/50 legal. Not physical.

[tbyte]

Yeah, but what he described is no more visitation than a non-custodial parent would get, which makes me wonder whether he lives near his child currently or not.
She should have no legal right to move the child. But then, our courts do not have a good track record of respecting father's rights. He definitely needs to file for an ex-party order immediately, and also request temporary custody of the child if the mother insists on moving away. That might at least stall her plans a bit.
Any parent that would move a child away from another caring parent does not deserve the title "parent".