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susanhadley · Jun 16, 2012, 03:07 PM

My husband got an ex parte order in December for heresay he heard through the local grapevine -- which has been disproved and he has admitted as much. Since then, we have gotten along and he und. That I am NO threat to anyone, much less my children. So, I've seen them everyday and we set up a visitation schedule at mediation with our lawyers last month. Only waiting for the judge to sign our decree and he slams my child out of the way to gain access to my home when he was only supposed to put something in the mailbox. He then entered my bedroom. I stood up and demanded he leave right away. He pushed me backwards onto the bed with force enough to bruise. Then he walked around the bed to begin to assault with many punches (as in like beating someone up) on a friend of mine who was asleep!! Husb. Was arrested and has trial thurs. meanwhile, I took the high road and allowed the children to be with him at the assigned time -- even following the assault. I could not honestly say I thought he would be dangerous to them. In good faith that our regular arrangement we have been following -- and is set out in the divorce decree we both agreed to that is awaiting judge's signature. Husband did NOT return my children to me at assigned time. And they are still gone. He will not allow phone contact. He says the ex parte order stands! What the heck is going on here? Ps: divorce going on in GA and the assaults in TN. He was also charged w/ aggravated burglary --but that was dropped by the magistrate. Any advice?

ScottGem · Jun 16, 2012, 03:34 PM

Get the court to issue a warrant for violating the visitation order.

AK lawyer · Jun 16, 2012, 03:44 PM

Originally Posted by susanhadley

... he says the ex parte order stands! what the heck is going on here? ps: divorce going on in GA and the ...

An ex parte order should only last until the court has had an opportunity to hear from both parties- not six months. Was the order extended at a hearing of which you were given prior notice?

susanhadley · Jun 16, 2012, 05:55 PM

Originally Posted by ScottGem

Get the court to issue a warrant for violating the visitation order.

I don't understand. You mean for violating the visitation as agreed upon in good faith at the mediation? He's wanting to say that because it has not been signed by a judge that it doesn't stand -- therefore prior ex parte order is still in effect. Mind you, NO one was concerned in the least about the children or their welfare until ++##$Q% got arrested. NOW he's very "concerned" for the children to be with me!

ScottGem · Jun 16, 2012, 06:02 PM

If he was supposed to return the children and, is hiding them from you, then you have to get the court to help.

susanhadley · Jun 16, 2012, 06:03 PM

Originally Posted by AK lawyer

An ex parte order should only last until the court has had an opportunity to hear from both parties- not six months. Was the order extended at a hearing of which you were given prior notice?

Don't know if I am doing this thing right by hitting reply.. if not. Sorry! We were to have a hearing post ex p order and it was foregone because we were getting along so well, husb had admitted to me he went with hearsay gossip which was, in fact, not true. I've had unlim. Access to kids ever since w/o a glitch. So, no we never had that hearing to "dissolve" ? The ep order. Was told it would be dissolved when divorce decree done --. Which wasn't done as quickly as I had hoped! But I und. That the divorce decree is enforceable -- do you have to make a motion for that? And until then, am I to abide by husb's ridiculous stance that I am a danger and ep order is still in effect? Oh, also, I am quite sure he is going to show up at my church, a viol of his bond. If he does indeed show up, do I just call the police? - can I then get the children or would he --even if arrested, still have full custody etc.? Thanks so much'