S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Need opinions on interpretation  (Read 20884 times)

MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3049
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: Need opinions on interpretation
« Reply #20 on: Oct 29, 2009, 06:26:03 PM »
crime?  I'd say yes.
 
BUT the right way to go about this is in family court and still hold MOM responsible.


gemini3

  • Hero Member
  • *****
  • Posts: 873
  • Karma: 1004
    • View Profile
Re: Need opinions on interpretation
« Reply #21 on: Oct 29, 2009, 07:19:25 PM »
There is not a change in the custody status parallel to the visitation exchanges.  Custody remains the same regardless of whose "turn" it is to parent.
 
Also, the word "crime" means violation of a criminal statute.  Custody, visitation, and all issues surrounding, are civil matters.
 
So, in short, no - they are not commiting a crime.
 
You need to go file for contempt if she isn't turning over the child.  It's your only legal remedy.

MomofTwo

  • Full Member
  • ***
  • Posts: 210
  • Karma: -2
    • View Profile
Re: Need opinions on interpretation
« Reply #22 on: Oct 29, 2009, 08:04:49 PM »
Since your original post was in regards to Columbus Day, which passed, what did you do...did you go for them ? What happened?

Davy

  • Sr. Member
  • ******
  • Posts: 1013
  • Karma: -545
    • View Profile
Re: Need opinions on interpretation
« Reply #23 on: Oct 29, 2009, 09:55:09 PM »
Perhaps I'm missing something.

While Custody matters (including Contempt) are civil in nature there does exist relevant Criminal statues in many states referred to as "Custodial Interference" and often include third parties.  Also, these charges are jailable offenses.

By the way, non-payment of CS use to be considered civil but has now been criminalized.  

gemini3

  • Hero Member
  • *****
  • Posts: 873
  • Karma: 1004
    • View Profile
Re: Need opinions on interpretation
« Reply #24 on: Oct 30, 2009, 04:59:53 AM »
I stand corrected.  Thanks Davy.
 
Criminal statutes by state for criminal custodial interference...
 
http://deltabravo.net/files/CrimCustodInterfStatutes.pdf


MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3049
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: Need opinions on interpretation
« Reply #25 on: Oct 30, 2009, 06:27:58 AM »
That's why I said "YES" to a crime.
 
But -- then when you go read and actual statutes there are "outs" in some of them and the custodial interference usually refers to a third party keeping someone from either one of their parents.
 
While a divorce says one parent becomes the primary residential parent or custodial parent, that "custodial" status doesn't necessarily mean the state also covers it under their custodial interference laws/codes.
 
50 states, several different interpretations.
 
Frustrating.
 
I'm also on the side that in this case, it was for a "short period" of time directly related to family court matters even if one parents' extended family was doing the hiding.
 
Sucks -- truly sucks -- EX#3 once flew from the east coast to Nevada, drove 3 hours to Timbuktu, only to have his kids hidden in that town by their mother and her parents.  She kept them in a hotel room where she worked.  Finally, after hanging out for a day (Thanksgiving weekend this was), she told dad they were swimming in the hotel pool (indoors), and he watched them play and couldn't get IN the pool area because he didn't have a hotel key.  The kids didn't come out to see him either (major PAS going on).  And I think on the third day he finally did get to see them for just a bit before he flew back.  And yes, she was found in contempt for that trip......but it sure took a while in the court system.  She lived with her parents and they kept an unlisted number -- she said "Geez, I can't help it, that's dad's decision."  She intercepted all mail or returned it.  Yet "custodial interference" in a criminal sense was never even brought up by his attorney.
 
 

footballdad

  • New Arrival
  • *
  • Posts: 26
  • Karma: 0
    • View Profile
Re: Need opinions on interpretation
« Reply #26 on: Oct 30, 2009, 11:22:10 PM »
Just returned.... 6 hour drive each way, and the children were not at the ordered place at the ordered time.  Sent police to her house with "negative contact."  Very frustrating, to say the least....

I guess the good part is, she pretty much buried herself legally.  Especially given the fact that she's been brought in front of the judge for this type of thing before.   Next step is to file a request for "family access order". 

I will also follow up to find out where the kids were being hidden....hmmmm, maybe file a civil small claims suit against them in my home state for my travel expenses incurred?

Very tired and frustrated, going to bed.

MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3049
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: Need opinions on interpretation
« Reply #27 on: Oct 31, 2009, 06:38:40 AM »
ask the judge to have mom reimburse your for your expenses.  EX#3's judge awarded that to him once and ordered make-up time.
 
I got make-up time once -- but I didn't ask for expenses that time because there were none.  In my case, EX#2 was adamant in letters that "it was not a weekend available for me to choose" -- so I stayed home, and filed for make-up time and a clarification of some other stuff.  Clarification went my way AND I got a make-up weekend.  (and on the other items, the court remained silent).

ocean

  • Private Reserve
  • SuperHero
  • ***
  • Posts: 5052
  • Karma: 172
    • View Profile
Re: Need opinions on interpretation
« Reply #28 on: Oct 31, 2009, 08:01:36 AM »
You are in for the long hall. We went through this and was in court for over a year with NOTHING said to BM for keeping kids away. It depends on the judge.... and it will take a few times in court to get anything resolved. Just dont get your hopes up for the first court date, at least around here....

footballdad

  • New Arrival
  • *
  • Posts: 26
  • Karma: 0
    • View Profile
Re: Need opinions on interpretation
« Reply #29 on: Oct 31, 2009, 04:48:39 PM »
You are in for the long hall. We went through this and was in court for over a year with NOTHING said to BM for keeping kids away. It depends on the judge.... and it will take a few times in court to get anything resolved. Just dont get your hopes up for the first court date, at least around here....

She's already been in front of this judge once before, for pretty much the same thing.  This is like the fourth or fifth time I've driven down there, only to have her conceal some or all of the kids from me.  Last time I went pro se....ex went into court and tried to play the "poor innocent victim" card and the judge saw right through it.  Her attorney ended up asking me to settle.  I gained a lot of concessions....prior to that hearing, I had to make this trip TWICE, picking them up on Friday and then dropping them back off on Sunday....1500 miles of driving. 

However, this time I'm retaining an attorney and am NOT going to let anybody talk me into settling out of court....all she'll do is agree to whatever, then violate the court orders again just as she has done repeatedly.  Yesterday was the final straw....I am tired of having my rights to my children trod on.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.