Contempt of Court

[no more mr nice guy]

My wife fled from our home after I discovered a severe financial problem she created by borrowing money from friends, relatives and over 20 check cashing companies. She also commited fraud and identity theft by opening a credit card account in my name with the only card issued in her name. She fled from our State and took my children with her.  She told the school officials that we were moving out of state for her new job. The children told their friends that I was staying behind to pack the house and follow in a few weeks. There was no new job and I was informed by the school when she abruptly withdrew the children from school. I filed for a separation and requested custody of the children. She finally replied to the petition on the last possible day before being in default. She requested a divorce on the grounds that I threw them out of the house and I never wanted children, and I didn't love them. She also has accused me of being verbally abusive for over 20 years. We had a hearing in August and the judge ordered her to return the children and provide me with parenting time. The judge wanted the children back before school started in the Fall. She is now in contempt of court for over 30 days and has no plans to bring the children back. I recently received a letter from the State revenue department where she fled saying that she has requested a case for child support and I will have to atttend the hearings and provide all information requested. I have already provided production documents to her attorney here and our case is an open case. Can she request another state to get involved especially since she is in contempt of court. There is a hearing scheduled next month for the enforcement of parenting time, and the contempt hearing is scheduled for January . (some speedy trial this has been). My wife has completely alienated the children from me and I have not seen them for over six months. They are living over 3,000 miles away. What can I do to stop her from controlling the case ?  What should I be doing to get my children back ?  HELP !!!

[snowrose]

The PKPA (also) provides that once a state has exercised jurisdiction, that jurisdiction remains the continuing, exclusive jurisdiction until every party to the dispute has exited that state. (There is a similar continuing exclusive jurisdiction provision found in Uniform Interstate Family Support Act (UIFSA)).

This quote is from an article written by a member of a law firm.  He gives his opinion.  I suggest you look closely at the laws/acts being discussed in the quote so you can better understand your rights.

You need a lawyer, but it seems to me that if the article is correct since you have court already in your state that your state has claimed home state and the new state where your ex is cannot take over jurisdiction until and unless you leave your current state.

Good luck!


http://www.gitlinlawfirm.com/writings/uccja2.htm (http://www.gitlinlawfirm.com/writings/uccja2.htm)

[gemini3]

The UIFSA allows states to enforce each others CS rulings.  If CS has already been established in the children's home state (your state) then that CS ruling is what applies to your case.  UIFSA also prohibits people from "residence shopping" in order to get more CS.

Unfortunately, you will have to respond and challenge jurisdiction.  You will have to hire an attorney in her state to do that for you, unless you want to appear Pro Se.  Your attorney should work with the other attorney to provide them with all the information they need.

[gemini3]

BTW - what state are you in?  In some states failure to allow court ordered parenting time is grounds for a custody modification.

Also, in your custody order, who has what?  Do you have joint custody, joint legal? 

There may be a little more you can do regarding the visitation interference.

[Davy]

Gemini3's clarification on the UIFSA was pertinant and I was wandering about the same.

However the OP stated he received notification (probably a form letter they send to everybody) from the Revenue dept (state gov't agency) of the foreign state. 

It should suffice to notify the foreign state agency of the jurisdictional requirements of the UIFSA and that they are SUBSTANTIALLY lacking jurisdiction over the children or this OP... they may or may not know this ... notice probably sent by a Clerk I that is doing what they're told WITHOUT THINKING.  It would be proper to inform them of the open active case in the proper jurisdictional state with complainant represented by legal counsel and currently scheduled hearings. Send certified return receipt.  Be as vague as possible and still get your point across.
Afterall, this is none of their business .... really.

Apparently, she is not legally represented in the foreign state and a competent court-of-law is not involved .... just the people's state agency.  In no way should the OP comply with any demand requested by the foreign state...no matter what they say.

[Davy]

About the post concerning the civil PKPA / UCCJA.  It is misleading and in gross error.

First of all, proper jurisdiction is established under the criteria of home state and a custody filing in that state ... not the exercise of jurisdiction.

Secondly, the staues clearly state that continuing jurisdiction can also be defeated by 1) agreement of the parties or 2) refusal of a court to accept jurisdiction.

In the case at hand, the mother's hands are dirty for removing the children (and defeating the children's relationship with the other left-behind parent ... a form of child abuse and why it is is referred to as "kidnapping"). 

Apparently the OP has been deceived into thinking that "parenting time" is the main issue when he should easily prevail on a sole custody filing which should go a long way to guarantee the children's return home.   It is not likely a "pick up order" or an arrest warrant will result from a civil contempt action ...

The Op may be able to file a missing person complaint with the sherriff's department and/or possibly invoke the Criminal Interference statues documented on this site (articles section) to compliment the other criminal charges. Actually, her legal dirt-bag representation may be advising her to abscound with the children (ie like an insurance policy) to avoid the other criminal charges. 

The OP may waltz in and consider cutting to the chase by filing in Federal court under the PKPA (Federal clerks may assist) .. the PKPA is less cumbersome and direct and to the point.  Besides, the dirt-bag probably won't be very comfortable trying to gain a favorable situation for a client with such dirty hands.