Ex plans to move kids to Hawaii

When we first separated, my ex took off with our kids to Massachusetts. We had been living in upstate New York. I am a math professor at a university in Canada. I didn’t make her move back to New York, but instead worked out a parenting plan that has worked OK. Last week, I learned from a family member that she is moving the kids to Hawaii before Christmas. She has said nothing to me, and when I have asked the kids, they too seem not to know anything about the move. But both of their schools confirm my ex had transcripts sent to Hawaii in November. I am an involved dad coming to Massachusetts for their school performances, one weekend each month, and they spend all vacations with me. I also regularly tutor both kids in math using Facetime. I do not think moving them to Hawaii is a good plan, although our agreement is vague on her ability to move with them. I thought it meant she could move within Massachusetts if she wanted, but after re-reading it, I am less certain. What are my options? First, you need to immediately register your New York judgment here in Massachusetts. Get a certified copy and bring it to the local Massachusetts court for registration. There is a form you will need to fill out. If there is ambiguity in your agreement, your ex should have filed a complaint to remove before making plans to move the children to Hawaii. But if she clearly has the right to move anywhere, you have more of an uphill battle. So, you also need to file a complaint to modify the registered order. The change in circumstances would be that you have reliable information that your ex is moving to Hawaii with the children, which will have a significant negative impact on your children and your relationship with them. Be prepared to ask for a change in custody if she refuses to stay local. Finally, you need to file an emergency motion to prevent the children from being moved out of Massachusetts. Prepare a detailed affidavit signed under the pains and penalties of perjury explaining what she did when the divorce got started, your current relationship with the kids, and how this situation came about, including her lack of notice to you. Ask the court to give you temporary sole custody of the children with an order that they not be removed from Massachusetts until this matter is resolved given her history of self-help. Ask the court to order that the state police and local police help with enforcement, and, if you really think she will leave in stealth, ask that the kids be added to the no-fly list. All of these suggestions will be much easier to accomplish with the help of an attorney but, if you cannot afford one, this will get you started.

Wendy O. Hickey has since 1994 been involved in and since 2003 been a trial lawyer who concentrates her practice on national and international family law. Any legal advice in this column is general in nature, and does not establish a lawyer-client relationship. Send questions to dearwendy@ bostonherald.com.