EX PARTE ISSUED FOR ME TO GET TEMP CUSTODY

[craigb]

just as i thought her attorney filed to have the ex-parte rescinded which it has not yet..

ANSWER AND COUNTERCLAIM, EMERGENCY MOTION TO STAY CHANGE OF CUSTODY PENDING HEARING, , NOTICE, SERVICE, AFFIDAVIT, REQUEST FOR AFFIDAVIT ORDER PURSUANT TO RULE 75 (N) AND J/E FILED

[ocean]

Did you file anything today? When is this new hearing?

[craigb]

Was no need to file anything else today the ex-parte is still in force..there is a temporary custody hearing on sept 3..have not seen my kids in 3 weeks now or even know where they are..the longest i have ever been away from my children since they were born was 2 days so i am hurting..

[Davy]

Was there any discussion from either side concerning retrieving the children ?

Normally a parent hiding the kids especially against a court order is a very serious matter.  Was there any discussion with the court concernng that issue ?

Is she or her family politically connected ?

[ocean]

Cant you file for something tomorrow that forces her to turn over the children to you as court ordered? Was she at court?

[craigb]

Her attorney filed an emergency motion as I wrote above to have the ex parte rescinded but it was not approved yet..an ex parte is a civil complaint unfortuantely even if she is found in contempt it doesnt mean she has to bring the children home..although her behavior and ignoring the court order to return the children will not bode well for her on the hearing for sep3..

[Davy]

I'm sorry but you are wrong in what you have been told or what you believe.

The way things are going she will be A-OK at the Sept 03 hearing.

[MixedBag]

EX#3's attorney filed a "Motion to Produce the Children" when his EX was hiding the kids.

They sat outside the courtroom in the hallway, but they were there (with their ears pressed against the door -- I know, I was watching them do it).

[snowrose]

Craig, you said there was no need to file anything today - but there definitely was a need.  She hasn't produced the children per court order, so it would be more than reasonable to put in a motion forcing her hand.  It sounds like both the Habeas Corpus and the Motion to Produce the Children would work the same way.

It's time to tell BM's lawyer 'enough of these games', that he's expected to compel his client to produce the children.

[craigb]

how will she be a-ok at the hearing if she is hiding the children not obeying a court order.yes i could file something else but how will that make her come out of hiding her lawyer is the one telling her to hide until the sep 3 date..the court is going to look at my behavior also,i dont want to traumatize the children by having them forcefully taken from their mother but at the same time i have the right to know they area ok since i havent seen them in several weeks..my lawyer is however talking to bm's lawyer yesterday if this doesnt lead to anything then we will take the next step..