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.
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.
She has no credit cards. I dont have the funds to hire a PI. Her family isn't saying anything.
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)
I think that I will go back to the PD and insist that they enforce PKPA statute.
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
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.
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.
Just got off the phone with the NCMEC they opened a report and are getting involved.
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 !!
Nothing specific today. A case manager is going to call me tomorrow. They did say that they are going to contact the PD and ask why a missing persons report was not done when I had all my paperwork in order. They did say that the PD is not allowed to judge or make assumptions, they have to go by the court order that I do have. They did give me another number within the state to call.
Quote from: Dadto4 on Jul 28, 2009, 03:27:19 PM
Nothing specific today. A case manager is going to call me tomorrow. They did say that they are going to contact the PD and ask why a missing persons report was not done when I had all my paperwork in order. They did say that the PD is not allowed to judge or make assumptions, they have to go by the court order that I do have. They did give me another number within the state to call.
Excellent idea, Dadto4! It sounds like you've just created some hope - and I'm sure your reminder to us of this resource will help others, too.
Please let us know what happens.
Well the police are not cooperating and the NCMEC is going above their head.
Quote from: Dadto4 on Jul 30, 2009, 11:13:31 AM
Well the police are not cooperating and the NCMEC is going above their head.
What's the next step?
shhhhh .... until the children are safe.
They are entering her in NCIC and ACIC and the police fowarded charges to the PA. The NCMEC are going to help me try and get them pushed through for a warrant for the ex's arrest.
Good! Hope you'll come back and let us know if anything changes.
Get this. The PA's office called me today and said that it could take 6-8 weeks before the charges get entered into the system and possibly another 4 weeks before an attorney looks at it to make the decision weither to issue a warrant or send it back to family court. WTF people she is breaking the law.
WTF is right-on ! You and your children are being seriously jerked around putting the children at more risk. One would hope that NCMEC would help guide this process.
I have some intimacy with this process and 1) criminal charges are based on letter of the law rather than status quo and not sent back to a civil ...Family...court and 2) it only takes minutes to enter the charges into NCIC and 3) the charges are based on a warrant .. ie a class B Felony along with a bail amount to effect an arrest (ie traffic pull-over, etc). If the PA has to go in front of a judje that to is quick ... it's not like the PA has to wait on a scheduled hearing date.
These processes and procedures are Jurispurdence 101. It will probably take me longer to enter this post than for them to complete the necessary requirements.
Since the local yocals are blatently bias and prejudical on the surface and the children are missing you may be able to enter the Federal court system (a court clerk will probably assist). They really have no choice but to follow the law and they may even reprimand the local rumdumbs. The Federal court (in my case; somewhat like cirsumstances) ordered any and all processes in State court to stop and to never again have anything to do with myself or my children).