URGENT! NCP threatening not to return child! HELP!

[Wi-Mom]

DH has a stipulation and order awarding him primary placement of 15 y/o son. Visitation, which has never been a problem before was indicated as "reasonable periods of physical placement upon reasonable advance notice." This is from the original divorce 10 years ago and was never modified in the Stipulation and order.

Last night ex-wife called and said their son does not want to come home and she will not bring him to their designated exchange place (2 1/2 hour drive) tonight as agreed upon at 6:00pm. This is in Wisconsin.

Husband called the Sheriffs department and asked what they could do for him based on the Parental Kidnapping Prevention Act. They were unfamiliar with the act and said that since visitation was not made clear in the papers they can't do anything without an injunction from his attorney.

We'd like to get him back tonight.. he has school in the morning.

1. Is there anything we can do to get him back tonight?

2. I don't really know what other questions to ask because we've never been in this situation before. Can you give me any other information?

[socrateaser]

>1. Is there anything we can do to get him back tonight?

Well, the Sheriff doesn't want to act, so that's out. All you can do is get some third party witnesses together along with a video recorder, and show up at the other parents home and demand that she release the child. Don't start a fight, but you need to try to collect some evidence that would hold up when you file an emergency motion for custody enforcement (or a writ of assistance).

This is not a little baby, so, it would seem obvious that you should be able to speak with the child and find out what's up. I doubt that the kid could be prevented from leaving if he wanted to leave.

I can't help but think that you are leaving out some important facts about the situation, that, if knon, would make the resolution of this matter fairly straightforward.

[Wi-Mom]

The only other thing I can think of is that his son has been complaining about the school his father enrolled him in. It is a military academy, and my husband gained custody due to the fact that his son was having serious disciplinary issues.

 He's had a successful year of school last year when he came, and at the time of enrollment this school year wanted to attend the academy. Before he came he was failing every class, skipping school regularly, was caught by police selling his adderol, and had even stolen from a liquor store. He's not even on ADHD meds now.

About a week before school started.. and following a phone call from his mother.. he suddenly was dead set against the academy. My husband continued to send him. The complaint is about the school, and the son since Satuday at 3pm is in agreement with his mother that he does not want to come back. That is the only possible thing I've not mentioned.

[socrateaser]

OK, well, if you can't engage the child and/or the other parent in some meaningful conversation (preferably recorded), then you will have to file a emergency motion to enforce custody and for contempt, and detail all of the facts. The court needs to know that although you can understand that the child may not relish military school, that he has nevertheless made great improvement, and that you can see no reason not to continue his schooling in that environment. Then, it becomes up to the other parent to show some credible reason why her refusal to transfer custody should not be viewed as a contempt of court.

Obviously, if the child alleges some sort of physical abuse by the father, then you're gonna have a problem -- one which, if I were the father, and I knew that the allegations were a complete fabrication, then I would defuse this by offering to take a polygraph exam, and asking the court to submit the child to one, as well. Then I would ask if the mother would like to volunteer to submit to a similar exam.

Don't let this go. Deal with it Monday,re first thing. You don't want the court to think that you view this as a minor deal, or you may find yourself looking at a new custody hearing.