Smith v. Smith

CRAWLEY, Judge.

Irmgard Smith (the “mother”) and Larry James Smith (the “father”) were divorced on January 12, 2001. The trial court ordered that the parties would have joint legal and physical custody of their three children,1 who were between the ages of 5 and 11 years old when the trial court issued its divorce judgment. The parties were to exchange the children every week on Wednesdays.

On January 16, the father filed an ex parte petition for emergency relief alleging that the mother had fled Alabama with two of the children to live in Florida and that he feared the mother might also flee…