Can a Separation Agreement or Court Order stop my spouse from moving out of state with my children?

Yes.  You can always agree to insert a provision into a Separation Agreement limiting the removal of your children from their residential state if that is a concern.  If you are in a divorce action and can’t reach an agreement, you can seek relief from the Court on this issue and request a temporary order to protect your rights. The federal Parental Kidnapping Prevention Act was enacted to establish national standards for the enforcement of child custody matters.  So, if your spouse takes your children out of state and you have something in place regarding this issue, the other state will honor the terms agreed to in Virginia.

Kellam T. Parks
Managing Member of Parks Zeigler, PLLC