[illinois father]

My ex wife assaulted me and my daughter (10 months) on 12/23. I filed a battery charge on her. The police were called to escort her out of our home (she was living with me). She used our custody agreement to reclaim custody while court was in recess for holidays. Her father drove her and kids out of state violating order to stay with them temporarily. Visitation was missed 2 weeks ago. I have no knowledge of the location of my kids. What to do?

[AK lawyer]

File a motion to have your ex wife held in contempt of court for violation of the custody decree. If you need to find the children, one way to do it would be to depose her father. If he won't tell you where they are, have him ordered to answer. If he still refuses, he would be jailed until he answers.

[cdad]

If you are the promary custodial parent and it is legally your time with the children. Then it would be kidnapping if she/they did not bring them back. Are they refusing to return the children or is there any contact going on ?

[illinois father]

My ex is custodian. She withdrew kids from school without
Forwarding there records so I wouldn't be able to find her. This is second time parents have concealed kids with her. I had to have special service (p.I.) serve her to bring her and children back to Illinois before and I have audio of her intoxicated ramblings about being paid for sex, damaging my home, and assaulting me and baby. Have hospital report how baby suffered head injury under her care possibly while drunk.

[illinois father]

She lived with me up until 12/23/12 assault. Court visit was over 12/27. She was living with neighbor after police removed her from home. Neighbor is chain smoker did not feel comfortable giving her daughter and son with asthma to stay there. She got police

[illinois father]

And left out of state with dad.

[cdad]

If she is hiding the children then call the police and have her charged with parental kidnapping. From the way your explaining it then it sounds like you are aware of their whereabouts but there has been no admission by the mother of it. Are they at her parents house ? Has child protective services been called and have you shown the evidence to them? Do you have a filing in place for emergency custody at this time do to related injuries to the child?

[cdad]

And left out of state with dad.

Who are you in all of this?

[illinois father]

Court was In recess for holiday. Getting EOP this week after no reply to calls text or email.

[illinois father]

She is required to keep Illinois residence and kids in Illinois school. Her Father told my parents she has Illinois address but was never disclosed.

[JudyKayTee]

Putting the pieces together when questions go unanswered and long posts are answered with brief questions is almost impossible BUT I'm confused about one point- you can prove (or you can't) that she left the State? Sometimes it appears you believe the children are out of State; other times it appears you do not know.

[illinois father]

Her father told my parents they were leaving but I don't know definitely. I have emailed him with no response. She has concealed them there before.

[cdad]

Her father told my parents they were leaving but I don't know definitely. I have emailed him with no response. She has concealed them there before.

Then as of right now stop trying to email anyone. You don't have a clue where she is. You can't keep playing games with third parties. Stop trying to email her father. He has no legal rights in this matter. Has your visitation been violated? What does your court ordered parenting plan say?

Have you tried calling the police for a well check at the last known address or do you know if she is still listed as being at that address ?

You can't work with what ifs and your playing a dangerous game right now and it needs to stop.

[illinois father]

Last address was with me. I had police escort her out don't know where she is. Court says she is to notify me of kids address and school enrollment. I get every other weekend and summer.

[JudyKayTee]

Have you missed any visitation since she "left?" What happened prior to her leaving and (presumably) taking the children out of State does not matter. If she's violating a Court Order go back to Court to have her held in contempt. Let the Court (or a private investigator) find her.

And I could not agree more with CalifDad. You are playing games when you should be taking action.

[illinois father]

I was trying to be reasonable but I'm taking action in court this Tuesday. I have to drive four hours to be heard by court with jurisdiction. I will ask for emergency order of protection and contempt of court motion and criminal battery charge.

[ScottGem]

The order of protection and battery charge are separate issues. The battery charge especially is a criminal issue.

I agree with the others that you are telling a disjointed story that is unclear.

If you have missed a visitation time, then you file in Family Court for a contempt of court citation. If she is hiding the children from you, you report it to the police as parental kidnapping.

[JudyKayTee]

At this point I think you are being very, very foolish by not retaining an Attorney. You clearly don't understand the legal system (civil vs criminal), and I think that is going to hurt you. No one is born knowing how the Courts work. That's why Attorneys are out there practicing law.

After reading your last response I would strongly encourage you to retain counsel.

[illinois father]

At this point I think you are being very, very foolish by not retaining an Attorney. You clearly don't understand the legal system (civil vs criminal), and I think that is going to hurt you. No one is born knowing how the Courts work. That's why Attorneys are out there practicing law.

After reading your last response i would strongly encourage you to retain counsel.

I will.

[JudyKayTee]

Great! Please come back and let us know how things work out.