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Know the Laws: North Dakota

UPDATED December 17, 2015

Moving to Another State with a North Dakota Protection Order

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If you are moving out of state or are going to be out of the state for any reason, your domestic violence protection order can still be enforceable.

Enforcing custody provisions in another state

back to topI was granted temporary custody with my DVPO. Can I take my kids out of the state?

Maybe. It will depend on the exact wording of the custody provision in your DVPO. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

To read more about custody laws in North Dakota, go to our ND Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance in the ND area on our ND Where to Find Help page.

 

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back to topI was granted temporary custody with my DVPO. Will another state enforce this custody order?

Yes. Custody, visitation, and child support provisions that are included in a DVPO can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.*

 * 18 U.S.C. § 2266

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WomensLaw.org would like to thank the North Dakota Council on Abused Women's Services/Coalition Against Sexual Assault (NDCAWS/CASAND) for helping with the compilation of this material.

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