I am going to try to make this as quick as possible...

The Family Court in the state of Colorado made a ruling on my children's custody. They handled the divorce and custody all in one, and the final ruling was this past May. They have granted joint custody.

However, it says on their website that "The children must reside in Colorado for a minimum of six months prior to the filing date, or since birth if under six months of age. if this time requirement is not met at the time of filing, issues regarding the children cannot be addresses as part of the dissolution/legal separation case."

My ex-husband and I separated in June of 2011, and I moved to Delaware at the end of that month. He filed the divorce papers in November 2011. That means that by the time he filed, my children had been living in Delaware for five months, and were already attending school here. I even have a letter that I made him sign and notarize before I left Colorado stating I was leaving Colorado with them, and would reside in Delaware on a permanent basis.

Unfortunately, as all of the divorce proceedings were taking place, I blew it off, so I understand I basically waived my rights. However... my ex just had my kids over the summer for his "visitation" and broke the rules he made no less than three time... Traveling out of the state of Colorado with them twice and not telling me- I found out from the kids- and also not returning them as we had mutually agreed upon when they left.

I want this custody handled by Delaware, so that when he does things like this, I can go file the necessary papers to take action against him.

So, the question is this... How do I go about having Colorado realize they did not have jurisdiction of the kids, and reverse their court orders? What forms do I need? Or do I start writing letters to the judge, with a copy of the letter he signed last June and all other evidence of him being in contempt of court? Can anyone give me some advice.. PLEASE!

Thanks for reading!

[QUOTE=Heathert514;3260154]Unfortunately, as all of the divorce proceedings were taking place, I blew it off, so I understand I basically waived my rights. However... my ex just had my kids over the summer for his "visitation" and broke the rules he made no less than three time... Traveling out of the state of Colorado with them twice and not telling me- I found out from the kids- and also not returning them as we had mutually agreed upon when they left.[QUOTE]


Before I discuss moving jurisdiction you are saying your "ex" broke rules your "ex" made, an agreement with you, or violated a Court Order.

He has broken both actually. It states in the paperwork from the court that if either of us is planning any travel or vacations that would require the kids to stay over night in another state, we have to give each other prior notice and provide each other with contact info of where the children will be.

The first time he went against this, was at the beginning of summer, shortly after the kids first got to Colorado with him. The children called me from their father's truck, and said they were on their way to Michigan. I had to text him to find out where they were going and for how long. And all I got in return was the name of the town and that they were going for a week.

The second time was when I called to speak to the kids, and my daughter told me that they were at a restaurant in Chicago. At first I thought she meant they were at the restaurant by the name of "Old Chicago", and she said no, we are IN Chicago. When she repeated my question of what on earth are you doing there to her father, his response was it's none of your mom's business. (Which, the reason of the visit isn't my business, nor do I care, but again I had no notice.)

In all honesty, the whole time the kids were in Colorado (all this summer), I had no idea where they actually were.

The third time, was when he did not return them as planned. We had agreed when they left that they would return on August 20th, exactly one week before their school started back up. On August 18th, after hearing nothing from him, I texted him about what time to expect them on the 20th, and his response was "the kids are coming back Wednesday. I have plans to take them shopping. You have them 80% of the year, I think Wednesday is fine." The Wednesday he referenced was Aug. 22nd.

But that agreement was a verbal agreement, so there wasn't anything I could do, since it would have been my word against his. And, really I am not opposed to them seeing him. Every time he has been in Delaware, I let him have them. But I don't like that he just assumed, and then said nothing about keeping them. If I hadn't of asked, I would have been waiting at my parents for kids that never showed up.

I had considered doing a transfer to the local court here, however then I read that just because they allow a transfer doesn't mean that they have the right to make any changes to another state's court order. And the whole parenting plan needs a lot of changes. Everything states "as determined or arranged by mother and father". And that's an issue, because he refuses to cooperate in any way, and refuses to even show common decency. I am going to have mediation take over once I finally get this into Delaware's hands.

He is well within his rights to keep it where it is. The initial filing was only 5 months after you had left. So long as he remains in the original jurisdiction then I don't see anything happening as far as moving the case elsewhere. Are you trying to say you never lived in Colorado long enough to establish residency?

I understand that he can fight me on having the jurisdiction moved. However, as I said, right on the website for the court of Colorado, it says that the children have to have lived there for six months prior to the filing date, and they did not. They were only there one month out of the six, and even that was only part of the month. So yes, he can fight it, but the court itself says that issues with the children can not be ruled on in a dissolution/legal separation case. But, I have absolutely no doubt that he WILL fight it. With everything being handled through Colorado, it puts more control in his hands.

But the truth is, the kids weren't there, and have been legal residence of Delaware for well over a year. And honestly, their father isn't even a "legal resident" of Colorado. He is only there because he is military and is stationed there. His home state of record is Pennsylvania.

Both Delaware and Colorado courts have stated to me that Colorado should have never ruled on the case. Actually the court facilitator of the case was the one that originally told me Colorado did not have jurisdiction.

My question was more what forms I needed to have it changed, or whether I should try writing a letter directly to the judge. I know he is going to fight it, and I know it won't be easy to have anything done, if anything happens at all. However, for the sake of my kids, and to put an end to crap, I will at least attempt to have it moved, and have mediation step in.

From the sounds of it what could happen is a do over. Is that what your trying to do? If your looking to have the entire ruling thrown out then that will be what you are facing. Why didn't you say anything at the time this was all going on?