 |
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.
Thank you I had a phone call with my kids yesterday as they start school today :) thank you allQuote:
Originally Posted by cdad
But what about your visitation? Do you now have an address?
"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.Quote:
Originally Posted by cdad
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 helpQuote:
Originally Posted by ScottGem
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.
Does the divorce decree give you a say in which school they attend? In many places, this would be called "shared legal custody"?Quote:
Originally Posted by James84
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.
Possibly, but if he shows a decree which gives him shared legal custody, he should give it a shot.Quote:
Originally Posted by N0help4u
He needs to serve her with a copy of the court application he needs to make.Quote:
Originally Posted by N0help4u
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.
That's what I am wondering. That's why I was suggesting that he do everything through the court system.Quote:
Originally Posted by AK lawyer
Im not sure why you keep saying there is nothing or that its even up to States laws when it is a federal act.Quote:
Originally Posted by AK lawyer
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/plugin...hp?content.194
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.Quote:
Originally Posted by cdad
The Full Faith and Credit Clause of the U.;S. Constitution reads as follows:
"Article IV, Section 1:There is nothing in in it that purports to make "parental kidnapping" a Federal crime.
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"
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.
At the very top of the site cdad linked to is this comment:Quote:
Originally Posted by AK lawyer
"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?
| All times are GMT -7. The time now is 12:17 AM. |