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    ieasha_lee's Avatar
    ieasha_lee Posts: 1, Reputation: 1
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    #1

    Jun 22, 2009, 05:00 PM
    Child Custody
    How do I go about getting my son if I have a court order and his dad is refusing to give him when he is suppose to be in my possession? Can I go to his dad house with my court order and the police?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 22, 2009, 05:10 PM

    If the Police are willing to accompany you or show up when you call them, yes.

    If not you need to go back to Court and ask that the other parent be "punished" for contempt of a Court Order.

    Varies from Police Department to Police Department.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 22, 2009, 06:46 PM

    In most places the police will not do anything, but it is worth a try to call them to meet you there.

    But normally you have to file in court that he is in contempt and get a order from the judge making him appear and bring the child.
    janis321's Avatar
    janis321 Posts: 15, Reputation: 1
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    #4

    Jun 22, 2009, 07:44 PM
    You can take your order to the police and also ask for an officer of the peace.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jun 22, 2009, 07:59 PM
    Quote Originally Posted by janis321 View Post
    You can take your order to the police and also ask for an officer of the peace.
    I am not sure where you are at, but I do know that in most places they will either laugh at you or tell you sorry they don't do civil enforcement.

    I called the police once when my ex ( SUSAN ) had the kids in Texas and I had a Missouri order giving me custody, When they showed up, they hand cuffed me for tresspassing in her yard and ordered me off her property.
    So don't always expect much from the police on these issues.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #6

    Jun 23, 2009, 04:55 AM

    If the poster is the custodial parent and the father is refusing to return the child from a visit, it actually is probably to the point of being criminal and the police would get involved. If the poster is trying to enforce her visitation, that will take a court intervention. It might also be solid grounds for a modification of custody if she so chooses.
    jillrenee15's Avatar
    jillrenee15 Posts: 103, Reputation: 11
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    #7

    Jul 12, 2009, 03:10 AM
    My sister was recently in this situation with her step children. They are teenagers and did not want to go to Kansas from Michigan for visitation with their mother. The mother showed up with the court order and the police, who forced the children crying into the car with their mother and off they went. I guess it just depends on where you live whether the local police will get involved. After all that, now this summer she called and said she isn't coming to get them at all. Go figure...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jul 12, 2009, 05:06 AM

    If the NCP is not allowing the children to return to the custodial parent, then the police will, generally, accompany the CP to pick up the children. Violation of a court order can be considered criminal.

    To the OP, this was posted several weeks ago. Please let us know what is happening.
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