EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY

[craigb]

im in ohio..tks for the tip i will look..i need to apply some more pressure at this point it seems whether contempt of court or whatever else it takes to get my kids back..there is a hearing set for sept 3 which was 14 days from the day of issue of the ex-parte..likely she is trying to stall until then so i wont get to see the kids..

[snowrose]

Interference with custody in Ohio

http://codes.ohio.gov/orc/2919.23 (http://codes.ohio.gov/orc/2919.23)

Sorry, I can't get rid of all the font characters.   

[/SIZE][/FONT][/SIZE][/FONT][/SIZE][/FONT][/SIZE][/FONT][/SIZE][/SIZE][/FONT][/SIZE][/FONT]

[natalieandlevi]

i have been through this have your lawyer get a writ of Habeus Corpus (sp) it forces her to produce the children. period.

[armycoppertop]

Does your son go to school/daycare? Check with your lawyer to make sure you can do this, and walk into the school/daycare about a half hour before the end of the school day and tell them that you want your son brought directly to the front office at the end of the day because you are taking your son in accordance with the court's ex-parte order, and that they are not to allow BM to take your son from the school, again. Then, when it goes back to court, ask that since she hid your son from you, that a "restraining order" be put in place saying that she is not allowed to be at the school except for school events and that she is not allowed to take your son from the premises.

The fact that she went against a court order should work in your favor for full custody and very likely for her to have supervised visitation as well. Crossing your fingers for you!

[craigb]

they are 2 and 4 and both got to preschool but it doesnt start until sept 10th..your idea does sound very plausible to me i will check with the atty if it comes to that..from what i have read the problem with the ex-parte  the defendant does have 14 days to modify or attempt to rescind it..although as i said she was served 4 days ago already and is hiding the children at this point.if my lawyer does contempt of court monday and she still stays hidden she still has to appear for the hearing on sept 3..at this point as you said above she is hurting her own chances of getting custody with her behavior

[craigb]

actually there is already a restraining order issued,it was issued along with the ex parte..i was able to see this online as part of the various dockets entered..

[Davy]

Craig

In my opinion, you were able to get temporary custody with an ex-parte (without notice; emergency) hearing due in part that the mother was exposing the children to a person with a known violent history.  The children's personal safety is or was the upmost issue rather than the last time you saw the children.  A contempt motion WILL NOT return the children unless it is a criminal action where law enforcement is authorized to physically retrieve the children.  If the contempt is civil in nature then the parties will be heard at a hearing.

The Criminal Custodial Interference statues (Articles section; this site) indicates for Ohio that her behavior may only give rise to a criminal misdemeanor  but whatever the children need this action to be such for immediate assurance of their well-being.

The mother may be hiding to avoid service (of custody orders) or a child has been injured and could be in need of medical treatment.  By the way, it has always been my understanding that temporary orders must be complied with until  confirmed or denied  at a hearing.

What the mother is doing is very serious and there is nothing you can do to protect her especially the children are considered at risk which  provided you custody in the first place.

[Dadto4]

To go along with Davy, you might want to do a little detective work on your own. Maybe rent a car for the weekend and watch the house (this is perfectly legal as long as your on a public street). When they leave follow and see if they go to a store or any public place, if so call the local pd and it can be done there.

[craigb]

she is mentally unstable at thsi point everyone in the family noticed her bahavior change over the past few weeks..she was taking lexapro for depression and stopped which is likely contributing to the problem..when i went there satuday with the police her car was there with the car seats but at someone elses trailer..the police said if they could see the children through the windows they would forcefully enter but all the windows were covered..she moved the kids into a trailer park in one of the worst areas of town which i cannot figure out why she would do this either..she had her own bank accounts with more then enough money she coould of rented a nice place in town or even bought a house..i guess it was to be close to this guy she is hanging around/living with..this guy has a history in the family not just someone she met recently..i also found out saturday her father got an eviction notice..she owns the trailer that her father lives in since he is poor..she is doing this since her father has taken my side in all of this..

[Davy]

If you are in court or involved with your attorney today the ONLY ISSUE anybody should FOCUS is the safe return of the children.  Nothing else matters.  All other issues can be dealt with going forward.