Messages

right i do understand beleive me i cant sleep wondering where they are..the judge did not approve the modification of the ex-parte so it still stands..my lawyer is talking to the other lawyer but he has not returned any calls so soemthing else will need done..

how will she be a-ok at the hearing if she is hiding the children not obeying a court order.yes i could file something else but how will that make her come out of hiding her lawyer is the one telling her to hide until the sep 3 date..the court is going to look at my behavior also,i dont want to traumatize the children by having them forcefully taken from their mother but at the same time i have the right to know they area ok since i havent seen them in several weeks..my lawyer is however talking to bm's lawyer yesterday if this doesnt lead to anything then we will take the next step..

Her attorney filed an emergency motion as I wrote above to have the ex parte rescinded but it was not approved yet..an ex parte is a civil complaint unfortuantely even if she is found in contempt it doesnt mean she has to bring the children home..although her behavior and ignoring the court order to return the children will not bode well for her on the hearing for sep3..

Was no need to file anything else today the ex-parte is still in force..there is a temporary custody hearing on sept 3..have not seen my kids in 3 weeks now or even know where they are..the longest i have ever been away from my children since they were born was 2 days so i am hurting..

just as i thought her attorney filed to have the ex-parte rescinded which it has not yet..

ANSWER AND COUNTERCLAIM, EMERGENCY MOTION TO STAY CHANGE OF CUSTODY PENDING HEARING, , NOTICE, SERVICE, AFFIDAVIT, REQUEST FOR AFFIDAVIT ORDER PURSUANT TO RULE 75 (N) AND J/E FILED

she is mentally unstable at thsi point everyone in the family noticed her bahavior change over the past few weeks..she was taking lexapro for depression and stopped which is likely contributing to the problem..when i went there satuday with the police her car was there with the car seats but at someone elses trailer..the police said if they could see the children through the windows they would forcefully enter but all the windows were covered..she moved the kids into a trailer park in one of the worst areas of town which i cannot figure out why she would do this either..she had her own bank accounts with more then enough money she coould of rented a nice place in town or even bought a house..i guess it was to be close to this guy she is hanging around/living with..this guy has a history in the family not just someone she met recently..i also found out saturday her father got an eviction notice..she owns the trailer that her father lives in since he is poor..she is doing this since her father has taken my side in all of this..

actually there is already a restraining order issued,it was issued along with the ex parte..i was able to see this online as part of the various dockets entered..

they are 2 and 4 and both got to preschool but it doesnt start until sept 10th..your idea does sound very plausible to me i will check with the atty if it comes to that..from what i have read the problem with the ex-parte  the defendant does have 14 days to modify or attempt to rescind it..although as i said she was served 4 days ago already and is hiding the children at this point.if my lawyer does contempt of court monday and she still stays hidden she still has to appear for the hearing on sept 3..at this point as you said above she is hurting her own chances of getting custody with her behavior

im in ohio..tks for the tip i will look..i need to apply some more pressure at this point it seems whether contempt of court or whatever else it takes to get my kids back..there is a hearing set for sept 3 which was 14 days from the day of issue of the ex-parte..likely she is trying to stall until then so i wont get to see the kids..

i think her attorney is going to file  a motion to rescind or modify the ex parte which i know can be done..it will be interesting to see if the court allows this though since she was served 5 days ago and hasnt returned my 2 kids