Is this conisdered kidnapping?

[1-daddy]

Towards the end of our trial we were urged into an agreement in September 2005.  The stipulation was immediately put on record and was signed by the judge in May 2006.  

This stip states BM and BF are to share 50/50 custody with BM one week and BF the other however, BM must attend therapy with a Psychologist or Psychiatrist appointed or approved by the forensics evaluator and in the event that she misses 2 consecutive session the schedule reverts back to BF having primary custody and BM every other weekend.  The evaluator is to be the gatekeeper and to inform BF if she discontinues therapy and again when she resumes therapy.

We were notified by the evaluator last week that BM has not been in therapy for at least 3 months.  As per the stip, we informed BM she will have the kids this weekend for her every other weekend and must return them on Sunday despite her scheduled vacation time until such time as we are under notification that she has resumed by the evaluator.

She is now refusing to drop the children off stating she did not realize the court order, despite being asked on record and since she has made an appointment with a non-approved CSW for Thursday she is continuing therapy.

We have spent $140,000 in legal fees, we cannot afford to go back to court.  What right do we have?  Can we file criminal charges?

[MixedBag]

no it's not kidnapping.

And it's probably not even criminal.

IMHO and I'm not an attorney.

Inspite of the amount of past legal fees, if she doesn't return them on Sunday, you could probably file a "Motion to Show Cause" on Monday morning yourself.  

Are the children in REAL danger?

Do you know where she's taking them on vacation?

I take it non-approved CSW is "Court Social Worker"?  gotta ask becasue SW is usually "second wife" -- and CSW is a new one to me.

You probably can't get the police to help you pick up the children because while your order seems detailed, how are they supposed to know if she hasn't been complying with the counselor.  Put yourself in their shoes -- how are they supposed to know the truth?  That's up to a court to decide, not a police officer.

You also said two things that conflicted....if they were urged into an agreement in Sep 05, and the judge signed it IMMEDIATELY in May 06, that's a lot of time between.  And there hasn't been 3 months since May 06....those are the kinds of things that will make it confusing for a police officer to assist.

If she doesn't return them on MOnday and you are truly uncomfortable with her choices and believe you are right (which I think you are), then file a motion to show cause on Monday for not returning the children because she isn't in counselling with her counselor.  You're gonna have to get that counselor to testify her failure to cooperate.

[MixedBag]

no it's not kidnapping.

And it's probably not even criminal.

IMHO and I'm not an attorney.

Inspite of the amount of past legal fees, if she doesn't return them on Sunday, you could probably file a "Motion to Show Cause" on Monday morning yourself.  

Are the children in REAL danger?

Do you know where she's taking them on vacation?

I take it non-approved CSW is "Court Social Worker"?  gotta ask becasue SW is usually "second wife" -- and CSW is a new one to me.

You probably can't get the police to help you pick up the children because while your order seems detailed, how are they supposed to know if she hasn't been complying with the counselor.  Put yourself in their shoes -- how are they supposed to know the truth?  That's up to a court to decide, not a police officer.

You also said two things that conflicted....if they were urged into an agreement in Sep 05, and the judge signed it IMMEDIATELY in May 06, that's a lot of time between.  And there hasn't been 3 months since May 06....those are the kinds of things that will make it confusing for a police officer to assist.

If she doesn't return them on MOnday and you are truly uncomfortable with her choices and believe you are right (which I think you are), then file a motion to show cause on Monday for not returning the children because she isn't in counselling with her counselor.  You're gonna have to get that counselor to testify her failure to cooperate.

[1-daddy]

CSW is certifed social worker, sorry, I did not realize that meant anything else.

The stip states the evaluator must inform BF via email of BM's non-attendance, that is how we know. We have an email stating she was going to therapy up until April. She states she did not realize that was the terms but at the end of the transcript the judge asked her if she understood and was comfortable with all the terms and if she wanted to speak it over with her attorney more, which she replied she understood and was agreeable.

Her other excuse is she has an appointment with someone for Thursday who was not approved by the evaluator which the stip states must be done, so to BM that is continuing therapy on her terms.

She must regularly attended therapy until she is discharged by the therapist and the evaluator is to notify us via email of when she resumes therapy so the 50/50 schedule can resume.

I meant the judge allowed the stip to linger on record until April-May 2006 when she finally signed it, sorry, I was multi-tasking when I wrote that.

We have filed so many OSC throughout our trial but the court system we were in front off just let everything linger. Unfortunately, if we file aother OSC in this jurisdiction, BF must take off work again. He does not get paid for days off and after 40+ days of court his boss is fed up and to tell you the truth we need a life, we need time for ourselves and vacations and so forth.  I can't spend my life in a court anymore.

I am very angry at how the court has treated us, they allowed our lives to be controlled and dragged through the mud for a very, very long time. The were inable to act. We were at the end of our trial and they pressured us to settle and now those same experts say go back to court.

BM has never followed a court order and is incapable of it.  She makes the children lie about every detail of their lives with her and she has made some extremely poor decision jeopardizing these kids.  We stepped up to the plate, fought a fight that can't be won.  You could not have had a better case then we did.  I guess we just need to figure out a way to disengage and let her do all the terrible things she does and go about our lives with as little affect as possible