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I certainly understand the status-quo and intend to do all I can to prevent it from ever changing.  We have 60 days before the lawyers need to file their conitnuation plans, so in the stead I have the kids. they are all together and 3 of the 5 will never elect to live with their mom (2 are adults and one will be in 11 months).  So unless I do anything increadibly stupid all is well.  Down side is she immediatly elected to stay in the area and not even go back to TN for a couple weeks to take care of her business (house, furiniture, kids and her clothing etc).  So visitation starts next wednesday and EOW + 1 DOW until the final).  

Should have asked for 2-4 weeks extended visitation to compensate for last 6 months.

I posted a couple months back about my wife fleeing to Tennessee with the 2 youngest children last March.  I have agonized over this for the past six months and consulted with a few attorney's had to borrow money to hire one,  while I was looking for the cash I filed Pro-Se for divorce and 3 motions for custody all denied.  She has stonewalled me about everything from information on the kids doctors, schooling, etc. Monitored calls and refused any contact for awhile with the children, hid them and well you get teh picture.

We finally had our interim divorce hearing yesterday and the judge cited ND supreme court prescident that says it is never in the best interest of the children to seperate siblings and that the younger children would be returned to my home.

So my children are all under my roof now and the divorce continues.

By giving too much information you open yourself up to further questions by your remarks.  You may lead the opposing atty into areas you do not want questioned. So if it is opposing council asking the question just give him what he asks and nothing more.   On the other hand you should tell your story when being questioned by your own attorney.

I filed for divorce Pro Se a couple weeks back,  EX found out I asked my children to know that if I came down there would they come back with me,  I thought it was a reasonable question, give them a choice, but my EX is very controlling and has now refused to allow me to speak with them for nearly 2 weeks.  She doesnt answer her phone, open her text messages (they bounce back expired) or answer email.  So I am cut off from my children because I left her church (Mormon).  Speaking with a lawyer on Wednesday.

She actually did allow me to speak to them but was hesitant and I needed to remind her she does not have a right to not permit the children to speak with me, and they have a right to speak privatly to me.  Early on in this she would only let them speak if she was in the room with the speaker on.  I put a stop to that.  

Looking like she might move towards a settlement. I am tired of fighting with this woman it has been like this for 15 years or more, been very quiet at home since she left.  

If I get the kids most of the summer, half the holidays and some of the school breaks, she will do her part to drive them away as she did the other 3.  I will craft a parenting plan to present her with language to allow 14yos the right to choose to participate in religious activities or not, choice of which parent to live with.  Also an absolute right for the children to contact me at any time for any reason. If she signs it then they are protected a bit from her mormon fanaticism.

I tried to get her to talk a bit this weekend sent her an offer for a settlement but she does not reply because it isnt what she wants. She texted me to leave the kids out of it. And I told her I do not talk to them about her just say hello and ask what they are up to make small talk and let them know I love and miss them.  She was very hesitant to let me talk to them yesterday and would have put them on speaker but I had to call her brothers home line because she had her phone off (today too)  when I asked about that she said she doesnt have to keep it on.  

I am getting documentation together on all the local school IEPs and asking school personell if they would be sympathetic witness (she has blocked some things that were very good for the kids such as ADD meds and one older son was placed in a home on a court order that helped him a great deal).  Asked the Clerk for some files for examples of document prep, she said she would have to get back to me on that.  

This woman won't communicate at all.  I asked her today why she should deprive the 2 kids she had of thier father for the next 4-8 years and her response was well you have 3 of them, like they are candy to divide up or something.  I told her it wasn't fair to them and she hung up on me.

Davy would you have any specific Supreme court rulings in mind I could look up? Any other help from anyone would be helpful.

I am going to request a hearing this week and hever her served asap.

I tried to get her to talk a bit this weekend sent her an offer for a settlement but she does not reply because it isnt what she wants. She texted me to leave the kids out of it. And I told her I do not talk to them about her just say hello and ask what they are up to make small talk and let them know I love and miss them.  She was very hesitant to let me talk to them yesterday and would have put them on speaker but I had to call her brothers home line because she had her phone off (today too)  when I asked about that she said she doesnt have to keep it on.  

I am getting documentation together on all the local school IEPs and asking school personell if they would be sympathetic witness (she has blocked some things that were very good for the kids such as ADD meds and one older son was placed in a home on a court order that helped him a great deal).  Asked the Clerk for some files for examples of document prep, she said she would have to get back to me on that.  

This woman won't communicate at all.  I asked her today why she should deprive the 2 kids she had of thier father for the next 4-8 years and her response was well you have 3 of them, like they are candy to divide up or something.  I told her it wasn't fair to them and she hung up on me.

Davy would you have any specific Supreme court rulings in mind I could look up? Any other help from anyone would be helpful.

I am going to request a hearing this week and hever her served asap.

I need some guidance (not legal advice) on how to construct my documents and what to file when,    Feeling like I cannot do this and should just roll over and lube up.

I need to submit an affidavit of circumstances and a motion for hearing to determine temporary custodyand other matters, draft my proposed temporary orders. then summon witnesses. The procedure and document outline is a bit confusing considering the pile of crap I filed monday.  I clearly need a lawyer or at least someone who can look at my papers to see if they should be OK.

Seriously thinking of driving down and picking the kids up maybe I can have some time with them this summer, STBX (soon to be ex)would probably try and cool the cops have CPS waiting at the house when I get home etc.  She really is insane.  She has alienated the oldest 3 kids with  her fanatical religous attitude, I'm sure she will do the same to these 2 also and in 3-5 years I will have them back.

Should mention I am in ND

I posted a bit on this a few weeks ago here is the story.
We have had marital troubles for the past 10 years or more. She ran off to another state 1200 miles away with the youngest 2 of 5 kids. Left one minor with me.   2 are adults.  Have financial dificulty with good income (read crushing DEBT) so no money available to pay a retainer of several thousand dollars to get an attorney.  I have been asking her to return and work out an equitable visitation schedule but she is adamant about staying away.  I did visit the 2 kids in May while on a business trip that was within 150 miles of where they were staying.   Filed for divorce Pro Se yesterday with an ExParte plea to establish jurisdiction and for return of children.  Judge called me in to talk and had questions as to why I waited so long and what is the emergency saying that although he technically has jurisdiction that since they have been down there for nearly 4 months he could dump the case on them since the most current info on health and welfare exists in another state.  of course since I am not a lawyer my documents werent exactly correct.  Clearly i am out of my league and have likely waited too long.  Maybe I should just go down and bring the kids back there is no custody or support orders.  
Where do I turn?