EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY

[craigb]

anyone gone through this..wife basically disappeared two weeks ago was able to get court order ex-parte granting me with custody of the children to stay here in their home..she was served with the papers but still refuses to bring the children home..i had the police follow me to where she is staying but she is hiding..was able to get the ex-parte based on her living with another man that has a violent past..can i just have my lawyer file for contempt of court..not sure what to do..

[craigb]

basically what i am wondering if my lawyer files for contempt of court monday what will happen next?

[MixedBag]

find the table here on this site that lists the state by state statutes for custodial interference.

See what your state says.

And then -- ask the police WHY they didn't assist in retrieving the kids.

AND ask your attorney "NOW WHAT?"

Pursue it both through civil courts and criminal courts.

[craigb]

tks for the help..the police did go there but they cant make her open the door.lawyer says to file contempt on monday but im afraid that could lead to her getting arrested..i dont want to see the kids get torn from their mother like that but i also havent seen mine kids in several weeks..does she have a legal right to keep me from my children since there has been nothing filed against me yet

[Giggles]

What I did when my X pulled this same thing....I got "temp custody" but he didn't return my son.  I gave him 48 hours to return my son or I would file for "Parental Kidnapping"  He still didn't return my son, so I went to the States Atty (in MD) and was able to get a warrent put out for his arrest.  He suddenly turned my son over to me....to avoid being arrested!  What she is doing will eventually help with the full custody since she is not "Fostering the relationship with the other parent".

Keep the pressure on her FOR THE SAKE OF THE KIDS!!  Do you actually think she would care less if you were arrested in front of the children?  I agree that should be avoided at all costs, but what she is doing now is FAR more damaging!!

DO NOT BACK DOWN!!

[craigb]

tks for the tip perhaps i can go that route monday..its quickly escalating into a real mess..there is another guy she is living with that is protecting/hiding her and the kids..had the police go there again today her car was there and i could hear the kids inside but they cant forcefully enter,at least not yet..she owns the trailer where her father lives since he is poor and he got an eviction notice today so she is going after any money and everyone at this point not just myself..

[snowrose]

I agree with the idea of the warrant and threat of parental kidnapping, etc.  But maybe what you can do at this point is have the police do a "wellness" check on the children?  Say you've been out of touch with them for X amount of time and you would like a wellness check.

[craigb]

yes i could try that you would think the police would of mentioned that though i have had them out their twice already she is playing a game of hide n seek at this point..she knows the police will take the kids if she is there or opens the door..unfortuantely not much more i can do till monday to file contempt

[craigb]

i think her attorney is going to file  a motion to rescind or modify the ex parte which i know can be done..it will be interesting to see if the court allows this though since she was served 5 days ago and hasnt returned my 2 kids

[Dadto4]

What stat are you in? Look up criminal custodial interference laws in your state. Then call the local pd and demand they do a report.