Visitation

[mhibler7]

My ex husband lives in another country but has come back to the states for Christmas (Michigan to be exact). He told me about a month ago that he and his father will be flying down in his fathers plane to pick up the children. It states in my decree that he has to pick them up here at my home. Now, (4 days before he is supposed to pick them up) he calls and tells me that a man I don't know and he has only met twice will be coming over to my home to pick up my children and fly them (in his plane) up to Michigan. Now, it does state in my decree that either one of us can designate a competent adult to pick up and return the children; as applicable. My children have been taught all their lives that they don't go anywhere with strangers, let alone have that man fly them up to Michigan (which is a 7hr flight). Do I have to let them go with this stranger? My children are scared to death and so am I. My children are 9 and 5 and they don't know their father at all, he never calls and has seen them once within the last 2 1/2 years. I don't think letting them go with this stranger is a good idea. My question is, how can I get around this? Do I have the right to deny this man picking up my children? I need help!

 

[Duranie]

This is a tricky one. I would be nervous as well. Since your decree states that a competent adult can pick the kids up, it might be hard for you to get around this. I am sure the kids would be petrified to fly with a man in a small plane they did not know.

Also if the father never uses his visits and the children hardly know him, you should file for supoervised visits until him and the kids get re-aquainted.

You really should see an attorney on this. I do not see how Dad can expect his kids to want to fly with a complete stranger, in a small plane.

I would see an attorney on the best course of action to take here. You need to keep records of everything. Email is the easiest way to communicate and to have proof.

Dad can file contempt charges if you refuse visits but whether or not a judge think you acted reasonably is up to them.

 

[mhibler7]

Would my ex have to follow my state laws? Would he have to take me to court here in my state or could he do it while he is visiting in Michigan?
Thank you SO much for your help!!!

 

[Duranie]

He would take you to court in whatever state the divorce was out of as they probably have jurisdiction.

Have you both moved out of the state where it happened?

 

[mhibler7]

I reside in the state the divorce was finalized but he resides in a different country. So, he would have to come to here to take me to court or to do anything?

 

[Duranie]

Yes. He could always hire an attorney in your state to represent him.