Out of State Court Orders
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Out of State Court Orders
My ex-wife and our daughter moved out of state to ME. We have an AZ court ordered parenting plan that she is always violating. The judge in AZ finally found her in contempt of order and gave her a suspended sentence of 60 days in jail if it is violated again. How does that work if she lives in ME? Will the sheriff’s department in ME have no grounds to arrest her for an arrest warrant in AZ? Or, since child custody goes beyond state borders, will they have the right to arrest her once she violates it again because she will?
Asked on September 6, 2018 under Family Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You have to file a legal matter in the other state's courts to request enforcement of the first state's order: states will honor and enforce each other's orders, but the second state's sheriff cannot and will not do so without an order from their own court. So you ask the ME court to issue an order or writ (terminology varies by state) that their law enforcement enforce the AZ order. Since it is difficult for a non-lawyer to file an action across country in a different state, you are strongly advised to retain a ME family law attorney to help you.
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