My exwife has moved county with my 2 girls, she refuses to tell where they live I have a contact order that states I see them ever other weekend and ever other Wednesday afternoon and can call ever night, but I only have mobile number and she never answers,the weekend coming will be my time with them but no word from her to organise drop of or pick up.Please HELP

So file in court to hold her in contempt, for moving without notification ( if she was required) failure to allow you contact, and falure to allow visitation.
That is how it works, you have to take her back to court

If I understand you, you haven't missed a visit yet. If she doesn't contact you with arrangements then the next day you go to court and ask that she be held in contempt for violating the visitation order. Ask that a warrant be sworn for her arrest.

If she is truly hiding the children from you then as soon as your visitation comes due file parental kidnapping charges on her.

If she is truly hiding the children from you then as soon as your visitation comes due file parental kidnapping charges on her.
Thank you I had a phone call with my kids yesterday as they start school today :) thank you all

But what about your visitation? Do you now have an address?

If she is truly hiding the children from you then as soon as your visitation comes due file parental kidnapping charges on her.

"Parental kidnapping" is, to a large degree, a myth on this forum. Some states may have criminal statues which might make such conduct a crime, but one would have to examine the statutes in the particular state involved.

But what about your visitation? Do you now have an address?
No still won't let us know it! If she changed her phone number I would have no way to contact her! I know the name of the school they go to and county,she also lets me have NO input in schooling either.thanks for the help

So my original advice stands. If you miss your visitation, then go back to court and ask to have her cited for contempt of court and a warrant issued. She can be arrested when she comes to pick the children up from school and you can be there to take the children.

You don't have to go that far since it will probably make relations between you even worse. But you should have her cited for contempt.

Can my exwife move are kids away to different county and not give me a address? Where do I stand with this? Please help thank you.

Please don't start multiple threads for the same question.

It may not be required that she give you the new address. However she can't keep you from court ordered visitation. If she does she is violating the court order.

No still won't let us know it! If she changed her phone number I would have no way to contact her! I know the name of the school they go to and county,she also lets me have NO input in schooling either.thanks for the help

Does the divorce decree give you a say in which school they attend? In many places, this would be called "shared legal custody"?

Why not contact the school and ask what their records show about her address?

I doubt the school would be allowed to give any information. He needs to go back to court and get this straightened out. As Scott says he does not need the address since everything can be done by and through the courts. For visitation he can pick them up them up and drop them off at a court ordered designation so he still doesn't need an address.

I doubt the school would be allowed to give any information. ....

Possibly, but if he shows a decree which gives him shared legal custody, he should give it a shot.


... As Scott says he does not need the address since everything can be done by and through the courts. For visitation he can pick them up them up and drop them off at a court ordered designation so he still doesnt need an address.

He needs to serve her with a copy of the court application he needs to make.

The idea of not needing an address because she should drop them off somewhere doesn't work when she fails to do so. We don't know if there is any condition (such as stalking or violence on his part) which would justify concealing the address at which his children are living, do we?

What we know here is that the OP has a "contact order" (presumably from a court), that says he gets the children every Wednesday afternoon and alternate weekends with this weekend the next scheduled weekend.

Presumably, he did not get them yesterday as scheduled, but did talk to them on the phone. The mother has also not been answering the phone. So the mother is already in violation of the court order.

I would still advise waiting until Monday. If she does not contact him to arrange for this weekend's visitation, then James should be in court on Monday asking that she be cited for contempt.

Most likely, the court will issue a summons requiring her to appear to show cause why she shouldn't be held in contempt. That summons can be served when she picks the children up at school.

From there it will be up to the court to enforce their order.

We don't know if there is any condition (such as stalking or violence on his part) which would justify concealing the address at which his children are living, do we?

That's what I am wondering. That's why I was suggesting that he do everything through the court system.

"Parental kidnapping" is, to a large degree, a myth on this forum. Some states may have criminal statues which might make such conduct a crime, but one would have to examine the statutes in the particular state involved.

Im not sure why you keep saying there is nothing or that its even up to States laws when it is a federal act.

Ref:

Parental Kidnapping Prevention Act (PKPA)

If a party (such as your ex-spouse) refuses to return your child, you may seek relief under the Parental Kidnapping Prevention Act (PKPA).
Contact the local law enforcement authorities and request they assist in the return of the child. If they refuse, insist that they enforce the PKPA Statute. Local law enforcement is bound by law to enforce the PKPA, and it is NOT up to them to selectively enforce it OR to decide the merits of any specific case or situation where the PKPA is applicable.



http://www.deltabravo.net/cms/plugins/content/content.php?content.194

Im not sure why you keep saying there is nothing or that its even up to States laws when it is a federal act.
...

If you will bother to read the Parental Kidnapping Prevention Act, you will find that it has nothing to do with one parent taking children out of a state without notice to the other parent. All it says is that custody orders will be enforced and given "full faith and credit" between states.

The Full Faith and Credit Clause of the U.;S. Constitution reads as follows:


"Article IV, Section 1:
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof"
There is nothing in in it that purports to make "parental kidnapping" a Federal crime.

And your belief that it is not up to the states is incorrect. States have plenary jurisdiction regarding domestic relations, and the PKPA merely, pursuant to the commerce power, supplements that.

If you will bother to read the Parental Kidnapping Prevention Act, you will find that it has nothing to do with one parent taking children out of a state without notice to the other parent. All it says is that custody orders will be enforced and given "full faith and credit" (See the Full Faith and Credit Clause of the U.;S. Constitution.) between states. There is nothing in in it that purports to make "parental kidnapping" a Federal crime.



At the very top of the site cdad linked to is this comment:

"If a party (such as your ex-spouse) refuses to return your child, you may seek relief under the Parental Kidnapping Prevention Act (PKPA)."

This is the crux of the matter. If one parent hides a child from another parent that is refusing to return the child.

And notice that the act is called the Parental Kidnapping Prevention Act.

The fact is that it is illegal to hide a child from the other parent. It is illegal to violate a custody/visitation order issued by a court. Calling this parental kidnapping is just an easy way to refer to this crime.

That comment is just that, someone's erroneous idea that since the name of the act contains the word "kidnapping", it must be a crime. Comments by anonymous bloggers are not the law. Seeking relief does not necessarily mean asking the local police to arrest someone. In this case, it means going to civil court, and reminding the court that the custody decree from another state is entitled to full faith and credit.

Neither is a title of a statute the law. And if you believe that titles of all statutes are accurate, I happen to own a bridge connecting Manhattan to Brooklyn. Care to buy it? I can make you a very reasonable offer.

"It is illegal to violate a [court] order" No lie. What else is new?

That comment is just that, someone's erroneous idea that since the name of the act contains the word "kidnapping", it must be a crime. Comments by anonymous bloggers are not the law. Seeking relief does not necessarily mean asking the local police to arrest someone. In this case, it means going to civil court, and reminding the court that the custody decree from another state is entitled to full faith and credit, under the statute you cite.

"It is illegal to violate a [court] order" No lie. What else is new?

All you do by denying parental kidnapping is a viable tool for parents whose children were abducted by the other parent is to take hope away from them. If its not a crime then why does the FBI have a site for it?

FBI — Parental Kidnappings (http://www.fbi.gov/wanted/parent/)

All you do by denying parental kidnapping is a viable tool for parents whose children were abducted by the other parent is to take hope away from them. If its not a crime then why does the FBI have a site for it?

FBI — Parental Kidnappings (http://www.fbi.gov/wanted/parent/)

All you do by incorrectly telling those parents that "parental kidnapping" is a Federal Crime is to give them a falsehood.

Look at the main case posted there now (for example):

"A warrant for child abduction was issued by Orange County, California, on August 26, 2008. A federal arrest warrant was issued on September 15, 2008, by the United States District Court, Central District of California, after Greenberg-Collins was charged with unlawful flight to avoid prosecution."

The child abduction warrant was issued by a state court.

If your imaginary "parental abduction" federal crime existed, why didn't the federal court issue a warrant for this so-called crime, in addition to one for unlawful flight to avoid prosecution?

All of the "wanted posters" on this site are the same: either the suspect was charged with a state-law crime or "international parental kidnapping". I see no mention of the federal crime you imagine exists in the Parental Kidnapping Prevention Act.

All you do by incorrectly telling those parents that "parental kidnapping" is a Federal Crime is to give them a falsehood.


I never said it was a federal crime. Only it was a crime.

And I'm not going to argue with you anymore over this. But I will not allow further arguments on this.

That comment is just that, someone's erroneous idea that since the name of the act contains the word "kidnapping", it must be a crime. Comments by anonymous bloggers are not the law. Seeking relief does not necessarily mean asking the local police to arrest someone. In this case, it means going to civil court, and reminding the court that the custody decree from another state is entitled to full faith and credit.

Neither is a title of a statute the law. And if you believe that titles of all statutes are accurate, I happen to own a bridge connecting Manhattan to Brooklyn. Care to buy it? I can make you a very reasonable offer.

"It is illegal to violate a [court] order" No lie. What else is new?



Ok, then lets go one step further.

Ref:

Kidnapping - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Kidnapping)

In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute. When it is done with legal authority, it is often called arrest or imprisonment.

In some countries such as the United States a large number of child abductions arise after separation or divorce when one parent wishes to keep a child against the will of the other or against a court order. In these cases, some jurisdictions[which?] do not consider it kidnapping if the child, being competent, agrees.


FBI — Family Abductions (http://www.fbi.gov/about-us/investigate/vc_majorthefts/cac/family-abductions)

How is a missing child defined? By law (specifically the 1982 Missing Children's Act), it's any person younger than 18 whose whereabouts are unknown to his or her legal custodian. Under the act, the circumstances surrounding the disappearance must indicate that the child was removed from the control of his or her legal custodian without the custodian's consent, or the circumstances of the case must strongly indicate that the child is likely to have been abused or sexually exploited.
The criminal processes enable the arrest of the abducting parent but do not specifically order the return of the child, although the child is usually returned when the parent is apprehended. The civil process, on the other hand, facilitates the return of the child but in no way seeks the arrest or return of the abductor. As a result, a criminal process would not be pursued if circumstances indicate it will jeopardize an active Hague Convention civil process.

(END)


If it is good enough for the FBI to show it as kidnapping then that is what it is. Why do you want to argue the contrary ?

Maybe it's time to stop fighting, stop hijacking the thread, and actually help the OP.

Just a thought.