relocation

My ex-husband and I were divorced in Arizona in Feb 2008. We have 2 minor children and Arizona is their home state. We have shared joint legal and physical custody from our Arizona order. We now all recently moved to Wisconsin and have not informed the Arizona courts. Legally, does one parent have the right to move to a different state with the children without permission from other parent because we are out of their home state with no updated order from our present state?

[Gbyte]

Your post is confusing. You said we all moved then indicated only one parent did (you). No...you likely didn't have the rights to move without informing the court. Read your papers. This could get you in pretty big trouble....

Im sorry, you're right I did state it in a confusing way. I moved in November 2008 without my children to Wisconsin (this is the state where my ex and I both were born and grew up.) Then in the beginning of February is when my ex-husband and my boys moved back to Wisconsin. Now we all live in Wisconsin and no one is left in Arizona ( which is where the divorce decree and child custody order originated, the state with jurisdiction) Neither of us have filed anything here. But neither of us are following the original order right now, one son lives with me and hour away from my ex-husband and my older son. I have heard from others that my ex is thinking of moving somewhere else with the boys because he thinks that our custody arrangement voids due to the fact we no longer live in the state with jurisdiction? Is this true?

The divorce decree reads, Neither parent shall remove the minor children from the State of Arizona for the purpose of changing residence to a location outside of the state unless the party obtains the express written permission of the other party or the court. Should either party move out of the State of Arizona without the agreement of the other parent or court order, then the provisions of this agreement shall be terminated in favor of the parent remaining within the State of Arizona, who shall have sole custody of the minor children until further order of the court.

So none of us live in Arizona anymore. Does this mean there is no custody order until we file for one in Wisconsin?

[Gbyte]

Well...I'd say you're not bound by the move clause anymore. Your orders should be (or should have been) updated to your new state since you both live there.

There's an ask an attorney section here for 10 dollars. You could also likely call around locally and consult with one for free.

Do you hope to prevent his move?

Yes, I dont want him to move. But I dont know how to go about stopping it if as of right now there is no home state. The order doesnt state where the children have to live now that none of us live in Arizona, even though we have joint legal and physical custody.
If he does just up and move with no order from this state can I charge him with kidnapping? Even if he gets jurisdiction in a different state?

[Gbyte]

You need to talk to an attorney would be my guess...