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I am the non-custodial parent and brought the children to my town for a week long visit during summer vacation. Three days into it, the custodial parent showed up at my door and took the teenagers home (250km away). What rights do I have and is it legal for the custodial parent to do so?
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Originally Posted by Frustrated dad
Km? UK? Canada?
Is there a visitation schedule in place. Was this visit scheduled? We need more details. Did you just let her take them?
I'm in Canada. There was no specific agreement in writing, just an agreed upon week which was decided several weeks ago.
I did let her take them as she is the custodial parent, but it most certainly was not easy keeping cool in front of the kids.
This is why I'm asking now. I cannot risk being wrong, as I know my ex would push for prosecution just to spite me. I now have children in another relationship to think about, I can't risk the income loss.
I should also mention the youngest had just obtained a part time job and was scheduled to start next week after the week at my place. She used the story that the kid had been called in to work tomorrow as the basis of showing up here. Couldn't explain how someone gets called in that hasn't started yet, and has no training.
I would have stood my ground. Let her call the police. Without a court order you had possession and the police wouldn't have forced them to go with her.
But frankly you made a mistake by not getting visitation in writing. Go to court and get a schedule set up. Then if she doesn't follow the schedule have her cited for contempt.
She can come demand, you have no obligation to even give child back if you are on the birth certificate. But you need a specific court order saying when you get the kids.
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