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Author Topic: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY  (Read 11742 times)

craigb

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EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« on: Aug 21, 2009, 08:47:00 PM »
anyone gone through this..wife basically disappeared two weeks ago was able to get court order ex-parte granting me with custody of the children to stay here in their home..she was served with the papers but still refuses to bring the children home..i had the police follow me to where she is staying but she is hiding..was able to get the ex-parte based on her living with another man that has a violent past..can i just have my lawyer file for contempt of court..not sure what to do..


craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #1 on: Aug 21, 2009, 09:49:13 PM »
basically what i am wondering if my lawyer files for contempt of court monday what will happen next?

MixedBag

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #2 on: Aug 22, 2009, 06:31:54 AM »
find the table here on this site that lists the state by state statutes for custodial interference.
 
See what your state says.
 
And then -- ask the police WHY they didn't assist in retrieving the kids.
 
AND ask your attorney "NOW WHAT?"
 
Pursue it both through civil courts and criminal courts.

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #3 on: Aug 22, 2009, 07:36:19 AM »
tks for the help..the police did go there but they cant make her open the door.lawyer says to file contempt on monday but im afraid that could lead to her getting arrested..i dont want to see the kids get torn from their mother like that but i also havent seen mine kids in several weeks..does she have a legal right to keep me from my children since there has been nothing filed against me yet

Giggles

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #4 on: Aug 22, 2009, 08:29:45 AM »
What I did when my X pulled this same thing....I got "temp custody" but he didn't return my son.  I gave him 48 hours to return my son or I would file for "Parental Kidnapping"  He still didn't return my son, so I went to the States Atty (in MD) and was able to get a warrent put out for his arrest.  He suddenly turned my son over to me....to avoid being arrested!  What she is doing will eventually help with the full custody since she is not "Fostering the relationship with the other parent".
 
Keep the pressure on her FOR THE SAKE OF THE KIDS!!  Do you actually think she would care less if you were arrested in front of the children?  I agree that should be avoided at all costs, but what she is doing now is FAR more damaging!!
 
DO NOT BACK DOWN!!
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craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #5 on: Aug 22, 2009, 01:35:25 PM »
tks for the tip perhaps i can go that route monday..its quickly escalating into a real mess..there is another guy she is living with that is protecting/hiding her and the kids..had the police go there again today her car was there and i could hear the kids inside but they cant forcefully enter,at least not yet..she owns the trailer where her father lives since he is poor and he got an eviction notice today so she is going after any money and everyone at this point not just myself..

snowrose

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #6 on: Aug 22, 2009, 03:42:38 PM »
I agree with the idea of the warrant and threat of parental kidnapping, etc.  But maybe what you can do at this point is have the police do a "wellness" check on the children?  Say you've been out of touch with them for X amount of time and you would like a wellness check.

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #7 on: Aug 22, 2009, 04:50:49 PM »
yes i could try that you would think the police would of mentioned that though i have had them out their twice already she is playing a game of hide n seek at this point..she knows the police will take the kids if she is there or opens the door..unfortuantely not much more i can do till monday to file contempt

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #8 on: Aug 23, 2009, 06:12:50 AM »
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

Dadto4

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #9 on: Aug 23, 2009, 10:53:32 AM »
What stat are you in? Look up criminal custodial interference laws in your state. Then call the local pd and demand they do a report.

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #10 on: Aug 23, 2009, 02:35:58 PM »
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..

snowrose

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #11 on: Aug 23, 2009, 02:58:59 PM »
Interference with custody in Ohio
Sorry, I can't get rid of all the font characters.   
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natalieandlevi

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #12 on: Aug 23, 2009, 04:41:24 PM »
i have been through this have your lawyer get a writ of Habeus Corpus (sp) it forces her to produce the children. period.
Dennis Bennett

armycoppertop

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #13 on: Aug 23, 2009, 07:03:42 PM »
Does your son go to school/daycare? Check with your lawyer to make sure you can do this, and walk into the school/daycare about a half hour before the end of the school day and tell them that you want your son brought directly to the front office at the end of the day because you are taking your son in accordance with the court's ex-parte order, and that they are not to allow BM to take your son from the school, again. Then, when it goes back to court, ask that since she hid your son from you, that a "restraining order" be put in place saying that she is not allowed to be at the school except for school events and that she is not allowed to take your son from the premises.
 
The fact that she went against a court order should work in your favor for full custody and very likely for her to have supervised visitation as well. Crossing your fingers for you!

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #14 on: Aug 23, 2009, 08:11:24 PM »
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

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #15 on: Aug 23, 2009, 08:14:36 PM »
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..

Davy

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #16 on: Aug 23, 2009, 10:01:27 PM »
Craig
 
In my opinion, you were able to get temporary custody with an ex-parte (without notice; emergency) hearing due in part that the mother was exposing the children to a person with a known violent history.  The children's personal safety is or was the upmost issue rather than the last time you saw the children.  A contempt motion WILL NOT return the children unless it is a criminal action where law enforcement is authorized to physically retrieve the children.  If the contempt is civil in nature then the parties will be heard at a hearing.
 
The Criminal Custodial Interference statues (Articles section; this site) indicates for Ohio that her behavior may only give rise to a criminal misdemeanor  but whatever the children need this action to be such for immediate assurance of their well-being.
 
The mother may be hiding to avoid service (of custody orders) or a child has been injured and could be in need of medical treatment.  By the way, it has always been my understanding that temporary orders must be complied with until  confirmed or denied  at a hearing.
 
What the mother is doing is very serious and there is nothing you can do to protect her especially the children are considered at risk which  provided you custody in the first place.

Dadto4

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #17 on: Aug 24, 2009, 01:51:28 AM »
To go along with Davy, you might want to do a little detective work on your own. Maybe rent a car for the weekend and watch the house (this is perfectly legal as long as your on a public street). When they leave follow and see if they go to a store or any public place, if so call the local pd and it can be done there.

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #18 on: Aug 24, 2009, 04:59:01 AM »
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..

Davy

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #19 on: Aug 24, 2009, 09:06:52 AM »
If you are in court or involved with your attorney today the ONLY ISSUE anybody should FOCUS is the safe return of the children.  Nothing else matters.  All other issues can be dealt with going forward.

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #20 on: Aug 24, 2009, 03:34:41 PM »
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
 
 

ocean

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #21 on: Aug 24, 2009, 04:08:43 PM »
Did you file anything today? When is this new hearing?

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #22 on: Aug 24, 2009, 04:14:47 PM »
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..

Davy

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #23 on: Aug 24, 2009, 04:29:14 PM »
Was there any discussion from either side concerning retrieving the children ?
 
Normally a parent hiding the kids especially against a court order is a very serious matter.  Was there any discussion with the court concernng that issue ?
 
Is she or her family politically connected ?

ocean

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #24 on: Aug 24, 2009, 04:33:59 PM »
Cant you file for something tomorrow that forces her to turn over the children to you as court ordered? Was she at court?

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #25 on: Aug 24, 2009, 05:13:19 PM »
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..

Davy

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #26 on: Aug 24, 2009, 05:27:07 PM »
I'm sorry but you are wrong in what you have been told or what you believe.
 
The way things are going she will be A-OK at the Sept 03 hearing.

MixedBag

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #27 on: Aug 24, 2009, 07:24:02 PM »
EX#3's attorney filed a "Motion to Produce the Children" when his EX was hiding the kids.
 
They sat outside the courtroom in the hallway, but they were there (with their ears pressed against the door -- I know, I was watching them do it).

snowrose

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #28 on: Aug 24, 2009, 10:23:40 PM »
Craig, you said there was no need to file anything today - but there definitely was a need.  She hasn't produced the children per court order, so it would be more than reasonable to put in a motion forcing her hand.  It sounds like both the Habeas Corpus and the Motion to Produce the Children would work the same way.
 
It's time to tell BM's lawyer 'enough of these games', that he's expected to compel his client to produce the children.

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #29 on: Aug 25, 2009, 04:26:07 AM »
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..

Davy

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #30 on: Aug 25, 2009, 06:44:11 AM »
Craig,
 
Look.  The only reason the court and the numerous processes exist is to protect the family.  The adults ...meaning the judge, the attorneys, the parents are REQUIRED and expected to PROTECT the family.  The children ARE THE HEART OF THE FAMILY but are too young to protect themselves or speak out. 
 
Accordingly, there is a tolerance (A-ok) for the children to be hidden (ie kidnapped) against a court order and nothing will have changed before or after Sept 03.  The emphasis is NOT the hearing date but the fact the children are currently being hidden and could be at risk. 
 
All posters have posted to you the same multiple times one way or the other. 

craigb

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #31 on: Aug 25, 2009, 08:04:42 PM »
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..

ocean

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Re: EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY
« Reply #32 on: Aug 25, 2009, 08:11:09 PM »
You are paying big bucks for your lawyer to keep trying to talk to the other lawyer. Yes, try once or twice but this is WAY beyond that. TELL your lawyer to file something tomorrow to give the police the power to force entry into the house and get the children or give her something to produce children or be arrested. If your lawyer cant do it, ask what it is and you do it.

I agree with the others...if you wait to that hearing the judge "could" say ....oh keep everything the same, children stay with mom. BUT if judge already has orders then let him know they are not being followed immediately.
You are almost there....keep going...good luck!

 

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