Order to Show Cause can my husband be in good standing?

Question

Ok, We live in New Jersey. My husband has 2 wonderful boys who is always being emotionally abused as a toy for his ex. She never follows the parental agreement per divorce decree. He takes many notes & is filing a motion. However, we had to stop and file a Order to Show Cause this week. PER the divorce decree it states>

1. Must show 30 days notice if you are to take your children out of the state of NJ.

2. Each parent cannot take vacation on alternating weekends.

Situation:

1. She left in July for a week to VA and gave 2 days notice

2. She left out of state on Sunday (no notice) and for 4 days my husband didn't hear from his sons.

3. He filed a police report Wed.

4. Wed his son called and left a voice mail stating mom wont let us call you cause its her vacation

5.A few hours later he found out they were in Florida

6. Yesterday he filed a Order to Show Cause at the court house

We gave the courts emails dating back from January with him giving his notice for Spring Break and his vacation dates (not touching her weekends)

We gave emails where he tried working it out with her and her dates.

WE gave emails documenting several times the request to where she would be on vacation.

We gave emails with her arguing back and not working with him.

She gave NO response for vacation notice.

We were instructed to send it ASAP certified (whether she was in state or not)

Questions:

What is the steps to Order to Show Cause?

What happens when she cannot prove communication?

Any help would be very much appreciated. Thank you in advance.

Answer 1

Does attorney come to mind?  Get one.

Answer 2

The order to show cause  I think is to file change of custody order at the court,

then a court hearing will be issued

then you show your documentation, and make a formal request

then the judge will probably issue some sort of family counseling and give her another chance...

but if the son is older then 8 years old , the son I think can choose who he wants to live with. (the age varies from state to state)

Answer 3

Sound like he's doing this right.

The Order to Show Cause is for his ex to show that the reason she did not notify was justified. There are always extenuating circumstances that allow custodial parents to leave state without proper notification like death in the family etc.

This order is for her to prove that her action are justified and if not to have it on record that she is not living up to the child custody agreement.