He filed the divorce papers. Together we agreed on a summer time sharing schedule that split the kids almost 50/50.. I went out of town so as not to be alone while he had kids. I returned to pick up kids on my scheduled time to have them and he not home. He had sent an email 5 days ago telling not asking me, that he was taking kids out of town (more than 50 miles away) and going with his parents. I emailed both him and his parents and explained that it would not work. First, not his scheduled time. Second, I had already purchased tickets for them to go on a trip to see my parents. A trip my kids have taken every summer since the first one was born 20 yrs ago. Not a new trip.

I have sent him (and his parents) another e-mail requesting the where abouts of my children. No reply.

Can I call police and file a kidnapping report? Can I do anything legal? My attorney is out of town until Tues. Please help and advise. Thanks

Its not kidnap if they're his kids, he had permission to have them and no court order is in place. He also informed you he was going to take them to his parents, not his fault you didn't get the email because you were also out of town. You say he also sent the email "telling not asking" to take them, what if he had asked, then he would have been waiting 5 days for you to get back before he got an answer.

It is his fault though that he didn't meet the deadline, unless he mentioned it on the email he sent. Perhaps him, the parents and your children are too busy to check emails seeing as they are on a visit.

I don't know the law of where you are but I would think the authorities wouldn't do anything if you rang them up, especially considering one of the kids is 20years old.

I got the email 5 days ago where he told me he was not bringing kids back as scheduled. I immediately responded. No delay there. He does not have the 20 year old. He has two younger kids both under age 10.

I have also called his phone and sent texts.

What is the point of having agreements if just because one parent informs the other that they are changing the schedule then they can. Makes no sense.

Seems to me that there should be some legal ramification.

Are these agreements though the court ? Are merely between you and he.

You can file with the court to demand he return the kids, your attorney could try and get it filed for emergancy hearing.

You could also sue him for any money lost for failure to obey a court ordered visitation plan