Judge Nancy Whittenburg recently ordered that Michael Roberts must take his children from California to a prison in Mitchellville, Iowa, where their mother, Tracey Richter (pictured left), is serving a prison sentence for murdering their neighbor in December of 2001.
Judge Whittenburg also ruled that Roberts cannot move to his home in Australia with his kids until Richter's legal appeals are finished, reports the Daily Mail.
The judge said the children, a 14-year-old boy and 12-year-old girl, have a '"long, positive history with their mother."
Judge Whittenburg also called Richter an excellent parent even though though Richter shot and killed 20-year-old special education student Dustin Wehde in their home while the children were one room away.
Richter was convicted of killing Wehde as part of a plot to frame her first husband, John Pitman, who is the father of her son Bert. Ten years ago Richter claimed she acted in self-defense during a home invasion robbery.
She claimed that her husband on a business trip, when Wehde and another man came in through her unlocked door.
Richter said she grabbed a revolver, spotted Dustin moving and fired at him.
However, in November 2011 a court found that Richter shot Wehde several times at close range in the back of the head and created an elaborate hoax that she acted in self-defense.
Apparently, Richter wanted to frame her first husband [and father of her first child] as the man who in fact hired Wehde as a hitman to kill Richter.
(Tracey Richter and her kids)