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CP taking the kids and running while case is in probate

Started by lovehiskids, Jul 30, 2004, 04:12:17 PM

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lovehiskids

Soc,

THis is in Arkansas. Father is NCP, Mother is CP. MOther is also under an open Department of Children and Family Services protection case for Neglect and Inadequite supervision.


Custody hearing was July 27. At the hearing the judge forbade either party from taking the children out of the state until the final ruling was issued.

CP is not answering phone calls. CP has not been seen at her residence. DCFS caseworker called Father to notify him there is a hearing August 25 for a level 2 protection plan (Taking the children from the home). The caseworker has not seen the Mother since July 15. The caseworker strongly believes that the Mother has left with the kids.

Father has court ordered visitation this weekend.

1. Since the judge ordered neither party take the kids out of state, is this contempt?

2. Is there any other law applicable since there is a DCFS investigation?

3. If the judge issues a court order for her to surrender the kids in Arkansas, will another state honnor that order and inforce it?



Thanks Soc

socrateaser

>1. Since the judge ordered neither party take the kids out of
>state, is this contempt?

Absolutely.


>
>2. Is there any other law applicable since there is a DCFS
>investigation?

It may be criminal custodial interference. Depends on AR law -- varies by jurisdiction.


>
>3. If the judge issues a court order for her to surrender the
>kids in Arkansas, will another state honnor that order and
>inforce it?

If she does not transfer the child for visitation this weekend (get witnesses that she's not there, file a police report and have the sheriiff show up and confirm that she is not there at the specified time/date and place), then you should immediately file a motion for a bench warrent to issue, ordering that law enforcement authorities return the child immediately to the jurisdiction of AR.

If criminal law applies, then I would file a complaint. The sheriff will know.