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Author Topic: Custodial interference?  (Read 2818 times)

blabbity

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Custodial interference?
« on: Jul 30, 2012, 11:47:37 AM »
Background:

* NCP dad had the kids on his two week uninterrupted part of summer vacation.
* Son's birthday was during this time.
* NCP and CP agreed that the CP could take the kids the day after the birthday.
* CP wrote in an email that she was taking the kids to a pool party that ended at 10 and that she would bring back the kids to the NCPs house by 10:30 to 11.
*Original orders say that the NCP will do all transportation unless other arrangements are made.  The other arrangements in this instance was the agreement that the CP would bring the kids back to the NCP after the pool party.

Ok, so the CP never brought the kids back that night.  She never informed the NCP that she wasn't bringing the kids home.  NCP called at 10:45 when the kids didn't show up, CP put her new husband on the phone.  He informed the NCP that according to the divorce decree, the NCP has to do all the driving, that the kids were already in bed and that he couldn't pick them up that night. Again, there was no notification of a change to the transportation agreement after the original email saying CP would return the kids.

NCP called the police.  They did a welfare check, confirmed that the kids were at the house and spoke to the CP.  She again said that NCP was supposed to pick up the kids.  NCP talked to the cop, who then informed CP that NCP would be by to pick up the kids in the morning.

NCP went there in the morning with another cop there to keep the peace.  CP refused to come to the door.  She also ignored phone calls from both the cop and the NCP.  The cop kept trying to call her throughout the morning.  She finally called NCP at 11 am telling him he could pick up the kids.  She claims that her whole family slept through the numerous doorbell rings and knocks on the door, and that her phone was turned off so she could sleep.  NCP finally picked up the kids at noon.  The kids told him that they heard the doorbell and knocks but that their mom wouldn't let them come to the door.

Ok... so does the NCP has the police reports and is adding this incident to another order to show cause for a previous instance of custodial interference.

Will the CP be able to blow off her email agreeing to return the children, like she seems to think she can?


ocean

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Re: Custodial interference?
« Reply #1 on: Jul 30, 2012, 01:37:34 PM »
Yes, but ask for make-up time and sanctions that the court see fit such as fines, make-up time, or jail time put into the order if she refuses to follow future court orders as she put the children in the middle and that is not in the best interest of the children. It would take many many police reports. Get that email into evidence that she was to pick up the kids and have her answer to it but really...she already got what she wanted.

From now on, stick to to exact court order, no deviations. You did what you could legally do and really MORE than what would be done in our state. Our police, write a report and say they will not even try to enforce family court orders so you were lucky there that the police were involved as much as they did. Have that officer testify in court.
 

blabbity

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Re: Custodial interference?
« Reply #2 on: Jul 30, 2012, 02:06:52 PM »
Thanks.  NCP also asked mediation (it's required before going to court) and CP refused.  So, another violation of the decree.   NCP's going for attorneys fees as well as make-up time.  It's a great idea to ask to put stiffer penalties in if she does it again in the future.

thanks

DadsCrushed

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Re: Custodial interference?
« Reply #3 on: Jul 31, 2012, 09:03:41 AM »
Dependent upon your state, if the CP continues unabated in this behavior, allow this to serve as grounds for a motion for modification.

 

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