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Could I get some advice.

Started by Dadto4, Jul 26, 2009, 02:10:47 PM

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Dadto4

My ex and I got a divorce in 2001 and I got permanent sole custody of our daughter. We ended up getting back together but never got remarried and had 3 other children. Last week she called the police on me and they come to the house and said there was nothing that they could do cause we just had a verbal argument. The next day we went to court as she filed for and OoP. The judge denied her request cause her alligations we unfounded. While we were in court she had her aunt leave with the children. She even filed a bogus report with CPS. I have filed papers with the court and have tried to find her. Come to find out from the local PD they "think" she went to a domestic violence shelter. She has a felony warrant in another state. With my attempts to find her, CPS says they don't know where she is at and if they have not heard from her in a few days they will close the case, I don't know what else I can do. He mom has been a big major problem in our relationship and they have my oldest daughters head filled with so much bs. With her being where they "think" she might be, does anyone know what I can do. I have went to the courts and filed for custody of my other children. I even got a paper from the court that states that my oldest is being illegally held and that law enforcement is authorized to pick up child and deliver her to me immediatelly. She has done this before in 2001 and TNCMEC got involved and they are sending me the paperwork of that case. A few ago the police did a criminal custodial interference report that is going to the PA. I called an advocate and they said it would be about 2 months before the PAs office will look at it. She even made it out to be my fault because she has done this before. I don't know what to do at this point, I can't afford a PI and the police act like they have done what all they can do. Is there any other avenues that I havent done that someone can direct me too.

snowrose

Could you hire a private investigator?  Chances are she's still using credit cards and is still in contact with relatives.  People make those kinds of mistakes a lot when they try to 'disappear'.  A PI might be able to trail her through those things.

*hugs* and good luck!  Let us know what happens.

Dadto4

She has no credit cards. I dont have the funds to hire a PI. Her family isn't saying anything.

ocean

Are the kids school age? Does she work? Will they be signed up for camp?
If you know the old school, you can call and ask if there has been transfer papers on the kids...and to where..(may have to bring them your court order)

Dadto4

I think that I will go back to the PD and insist that they enforce PKPA statute.

blh1013

if you haven't already, i think you have the right to file a missing child report, since these are your kids.....her family would be accomplices to kidnapping-- then since you have a file started, go to the courts and file an emergency ex parte for you and the children to keep her and her family (aunt, mom) members away-- if they show or contact, have them arrested...maybe they'll learn a lesson that way

snowrose

I'm beginning to think that's right.  Read up on Parental Kidnapping...

http://deltabravo.net/custody/pkpa.php (http://deltabravo.net/custody/pkpa.php)

Sounds like you already have some knowledge of it.

Davy

Hope this helps.  About the PKPA, I know what it says on this site in the preamble to the PKPA but that is different than the actual statue.  The PKPA is a CIVIL Federal statue to deal with jurisdictional dispute in custody disputes and to avoid judicial competition among the states.  The PKPA grew out of judiciary that ruled on status quo instead of the UCCJA .... uniformed state statues.  It didn't help when state legislatures enacted the UNIFORMED statue and tried to mirror their existing statues which of couse defeated the uniformity along with the intent and purpose of the act itself. duh !!   There is no provision in the act for a court to return missing children (crimiinal) but that hopefully would be the result of litigation and the whereabouts of the children are known.  One would best be served by an experienced attorney if you are going to enter Federal court.

It was also my experience in two states that the sheriff's department has a much closer working relationship with the PA, SA or AG whatever it's called in your state than does the local PD.  I am impressed that the local PD did a report based on the Criminal Interference statues.  You may want to get a copy of that report and make sure it is full and complete then present it to the Sherriff's office for their support on the way to the PA office.  A physical appearance is much better than a phone call.  The Criminal Interference statues for each state is also located in the article section on this site.  Copy and print and carry with you.  It's a crying shame that someone on the phone told you two months...that's usually not the way cases are assigned/dealt with.

You might also reach into the PA office at the state level and try to make sure you're talking to the right section because you'll probably be directed to child support collections.

One thing you may be encountering is that many want to treat the situation as a civil (vs criminal) matter especially without accusatuions of the children being endangered.  That is plain ignorant since at very least the children are being exploited and possibly on numerous fronts.  Children should not be placed at risk while ignored by the system.  If you had taken this action your picture may be on the national news and the kids pictures would be on milk cartoons.

I've been through what you're experiencing and submitted the UCCJA, PKPA, and Criminal Interference statues to this site years ago.

Again hope this helps and best to ya.


Dadto4

Just got off the phone with the NCMEC they opened a report and are getting involved.

Davy

The National Center for Missing and Exploited Children (NCMEC) may very much be a step in the right direction. 

Given the circumstances, did NCMEC advise of any other steps you could take or give any specific direction,  It may help others.

Best to ya !!