CHILD ABDUCTION!?!

[FL_48603]

My ex took off with my child yesterday. My ex took my child out of state and caused me to miss my custodial time with my child. This breaks about 3 different points in our order, and my attorney had wrriten a letter to their attorney pointing out that the time they were fighting for was in violation.

Because my ex has abducted my child in the past so as to relocate them as leverage in their case, I asked the local police to file a report.

After sufficiently grilling me (in case you have yet to guess, I am the non-cusotdial Dad) and overscrutinizing my court order (which I keep on hand like my license, registration and proof of insurance), the cop told me he would take the order back and scrutinize it some more, then call me letting me know his thoughts.

He did call me explaining that he and his superior wanted to know if I wanted the report sent to the DA for criminal charges.

What does this mean to me? Will they take my ex to jail, and should I allow this?

Please advise,

Dad E. O
 

[wendl]

Has she returned to the home state??
Have you heard from your children???
How long have they been gone???
Did she inform you of her intent and when they would be returning to the home state??


**These are my opinions, they are not legal advice**

[TPK]

How can she be arrested if she's the CP?. I can't see the DA pressing criminal charges for child abduction while the child is in the CP's custody.

This sounds more like a contempt issue.

Even if she just picked up and relocated I don't believe it's child abduction.

Someone can correct me if I'm wrong.

Hang in there, best of luck to you.

TPK

[wendl]

I think we need a little more info before we can actually truthfully respond, the poster was very vague in his post.

**These are my opinions, they are not legal advice**

[FL_48603]

>Has she returned to the home state??<

No.  I don't think so.  I don't know.  Their house is shut up.  The cops checked a day ago and confirmed that they are not there.

>Have you heard from your children???<

No.

>How long have they been gone???<

About a day.  I was scheduled to pick my child up at 3:oo yesterday for our weekend visitation.

>Did she inform you of her intent and when they would be returning to the home state??<

In a manner.  They has their lawyer bickering with my lawyer about the particulars of the intended intrusion on my visitation weekend.   The last formal correspondance was my lawyer sending them a letter defining for them that their stated intent was contrary to the existing order and that my intentions were to pick my child up as ordered.

**I ask only for your opinions, not for legal advice**

[FL_48603]

>How can she be arrested if she's the CP?.<

Right, well that was my thought on the matter.  However, because the CP became the CP by initially abducting the child from our home and then having their father/divorce attorney file divorce papers after the fact to legitimize violation of child kidnapping codes, we do have an order of the court which does stipulate matters to do with the child not being removed from the area without prior written notice and consent filed with The Court.

Of course, this has not been forthcoming, elsewise I would not have pursued matters this far.

We have JOINT LEGAL and JOINT PHYSICAL CUSTODY.  I was duped into allowing the CP to hold onto the title of CP becuase I was just so glad to have finally gotten JOINT CUSTODY back in place.

See the CP and her lawyer have tried repeatedly to wrtie me out of my child's life following abduction of the child by the so-called "CP".

>I can't see the DA pressing criminal charges for child abduction while the child is in the CP's custody.<

Well that's not a bad thing, because the co-dependant side of me which has been conditioned to accept the gender -bias of the "Family-Law" system feels as though (despite the fact that I might find myself behind bars by now if the shoe were on the other foot) the CP is not a "criminal" (really, who is until they get caught) and so she does not deserve to be treated as such.

The one thing that has always concenred me and others more "qualified" (if not more "certified") than myself is how insulary these people on the CP's side are with my child.  Never wanting her to be taken to the doctor, or dentist or school functions by anyone but the CP whose father/divorce attorney had sufficiently conditioned these professional to give the NCP "the treatment".

If, however, the DA sees things differently, that would be a matter of their expertise - and while I would not necessarily press charges, I think once the DA takes hold, it's a whole other animal entirely.

>This sounds more like a contempt issue.<

Like their return to the use of corporal punishment resulting in the injuring of the child's wrist in violation of the "no-spaking" clause I had written in to the order is contempt of court?

Like the same wrist ending up broken three weeks later when the child was allosed by the CP to go 6 days withouth examination nor treatment of the broken wrist is violation of the existing order calling for attentiveness to the medical needs of the child is contempt of court?

Like the parent arguing that the child's flinching when they would eat or drink was dismissed by the CP as being the child's play acting for attention which they picked up from my "side of the family" since we "bad teeth run in my side of the family" - only to reveal the need for the child to have 8 cavities repaired, two root canals and one molar extraction is a violation of the same cluase of the existing order calling for attentiveness to the medical needs of the child is contempt of court?

Like allowing the child to be subjected to the CP's families taking the child to a church where they fill the child's head with how evil dad is and how he is a member of a cult (along with every other member of any other christian sect besides theirs is a cult) and allowing the CP
s mother to tell my child I am a liar and allowing the CPs father to ridicule me in front of my child and her geusts is a vilation of the clause in the order which calls for no disparriging of the NCP is contempt of court?

Yeah.  Contempt of court according to an order which only applies when the CP holds me up to it - I know all about it.  See I filed a motion and then after my lawyer climbed into bed with their lawyer, suddenly striking the child is the CP's "Constitutional Right" as is the case with the Branch Davidian style "church" they coerce the child to attend in an effort at alienating me from my child.  The CP letting my child's teeth rot in her head and letting the conspicusouly broken wrist go unattended while leaving tghe child cloistered at the CP's mother's house is MY FAULT becuase I SHOULD HAVE STORMED THE GATES AND TAKEN THE CHILD TO THE HOSPITAL (despite the fact that I had not clue as to the hell my child was in).

See, a pretty blond girl like Elizabeth Smart gets yanked from her well-to-do home by a "crazy cult leader" (despite the fact that he was a homeless ejaculate from the LDS church and had the child living in the park behind the CP's back yard) and the whole world wants to know what PEOPLE magazine has to say about it.

Everyday, working-joe points to a simillar situation where money and power protects and enforces the "Christian Identity" type reconditioning of the child... and all anyone has to offer is "...let's see your papers, and mabey we'll take a report".

Still, the cop said his superior thought it should, for some reason, be sent to the DA...

>Even if she just picked up and relocated I don't believe it's child abduction.<

Yeah, I know.  I think she would have to bar my access to the child for it to be a tehcnical child abduction.  But I wonder if the DA will see the fact that the CP took the child out of state on my custodial period with the child, leaving me no written itenerary nor any physical address or telephone numbers for telephone access to the child, as is ordered, as constituting "barring of access" to the child?

Someone puuuullllleeeeeezzzz correct me if I'm wrong.

[FL_48603]

>I think we need a little more info before we can actually truthfully respond, the poster was very vague in his post.<

 
#9168, "RE: CHILD ABDUCTION!?!......Probably Not"
In response to In response to 2

The CP became the CP by initially abducting the child
from our home and then having their father/divorce attorney
file divorce papers after the fact to legitimize violation of
child kidnapping codes.

We do have an order of the court which does stipulate matters to do with the child not being removed from the area without prior written notice and consent filed with The Court.

We have JOINT LEGAL and JOINT PHYSICAL CUSTODY.  I was duped
into allowing the CP to hold onto the title of CP becuase I
was just so glad to have finally gotten JOINT CUSTODY back in
place.  See the CP and her lawyer have tried repeatedly to wrtie me
out of my child's life following abduction of the child by
the so-called "CP".

The one thing that has always concenred me and others more
"qualified" (if not more "certified") than myself is how insulary these people on the CP's side are with my child.  Never wanting her to be taken to the doctor, or dentist or school functions by anyone but the CP whose father/divorce attorney had sufficiently conditioned these
professional to give the NCP "the treatment".

CP returned to the use of corporal punishment resulting in the injuring of the child's wrist in violation of the "no-spaking" clause I had written in to the order.

The same wrist ending up broken three weeks later when the child was allosed by the CP to go 6 days without examination nor treatment of the broken wrist is violation of the existing order calling for attentiveness to the medical needs of the child.

After notifying the CP repeatedly about  the child's flinching when they
would eat or drink the CP took an alamringly dismissive attitude rejecting my notification regarding my child's teeth as as being the
child's play acting for attention which they picked up from
my "side of the family" since "bad teeth run in my side of the family" - only to reveal once I, the NCP took my child to have $3,000.00 worth of dental work done) that the child was in need to have 8 cavities repaired, two root canals and one molar extraction - a violation of the same clause of the existing order calling for attentiveness to the medical
needs.

CP allows the child to be subjected to the CP's family's taking the child to a church where they fill the child's head with how evil dad is and how he is a member of a cult (along with every other member of any other christian sect besides theirs is a cult) and allowing the CP's mother to tell my child I am a liar and allowing the CP's step-father to ridicule me in front of my child and her geusts - a vilation of the clause in the order which calls for no disparriging of the NCP is contempt of court?

Therefore, I brought a motion before the court and we are scheduled to go to an evidenciary hearing on the matter of custody being awareded soley to me the present day NCP in less than a month.

The CP quite her job, withdrew from school, has ended friendships and has demonstrated repeatedly and frequent emotional breakdowns where she laments he decisions over the past 5 years.

90 days ago the CP told the MFT we were seeing that she had an unreasonable fear that if I got more time with my child CP would lise the child forever.

Now I ask that the CP adhere to the order of the court and instaed she flees the state with my child and wihtout the written consent filed with the court and without providing me with any notification as to where they are or how to contact my child.

If you need more information, let me know.  I can include a blow by blow with chonilogical timeline in military time.  

[SadStepMom]

I don't know a thing about FL, but I think California has something called Criminal custodial interference (not sure that is the right name) where it is illegal for either parent to take the child and hide him/her from the other parent.

But I really don't know any of the details or how it can be applied.

[FL_48603]

>I don't know a thing about FL, but I think California has something called Criminal custodial interference (not sure that is the right name) where it is illegal for either parent to take the child and hide him/her from the other parent.<

We are in California - not Florida.  Such a clause is written into our cureent order.  There is no doubt that the CP is in violation of the order, but so is she frequently.

Until now I have been told, "don't file contempt - the judge will hate you for it" or "just play ball" first by an attorney I hared because she was cheap (she is now forbidden to practice law because of the bumbling mess she has made of my case and her practice) and the latter is a lawyer I had to fire after she alleges a bill in the amount of $10,000.000 for getting me no further in my case than I have been able to get myself.

But NOW I have a POLICE DOCUMENTED VIOLATION of the order of The Court which comes on the tail end of her appearing in counselling where she admitted to wanting to stay CP in order to live off the grants and social services it affords her as well as her stating that she had an unresonable fear that to allow me to have a fair and equitable timeshare distribution with my child would cause her to lose the child entirely (as if my csutodial timeshare and parenting of my child is something which the CP can give and take away).

>But I really don't know any of the details or how it can be applied.<

Something tells me we are about to find out.

I'll keep you... posted.

[wendl]

I sent you and email. Also post the details to SOC on his board.

**These are my opinions, they are not legal advice**