Parental Kidnapping

[no more mr nice guy]

My case has been active for over 7 months and my "ex-wife" still has not obeyed any court orders. She is currently in contempt of court for not bringing the children back home. The court has scheduled a Contempt Hearing in January. In the mean time my attorney filed a motion to enforce the parenting time that was ordered in the original court order.  This hearing ended with the Judge ordering the children back again and for me to supply plane tickets for my children to return on a specific date. Once again, the ex did not comply with the order. This time there was a remedy added to the order. I am now the custodial parent, and she has a judgment against her for attorney fee's, and she is still in contempt.
She is over 3,000 miles away with my children and I can't just show up and take my children.
I do not have any funds to hire a second attorney where my ex is located. I was told  that my District Attorney can issue a warrant for her arrest, but that won't mean much since she probably won't be extridited. Especially with the economy and the DA not wanting to foot the bill. I was also advised that the Center for Missing and Exploited Children can get involved.  Is there any advise or information on this front.

[snowrose]

I had a friend who went through this.  He was in KY and his ex took the kids to Michigan, even though he was the custodial parent.  They were found when one of the kids found a way to call their father.

My friend had the warrant issued for the mother's arrest.  She was arrested and cooled her heels in jail for better than 30 days.  The children were returned to their father.  Eventually the mother was returned to KY.  I believe it took 3 to 4 months for her to be extradited.

Even if the mother isn't returned to face charges, if she's arrested the children will be returned to you, from what I've seen.  I would suggest having the warrant issued and sent directly to the sheriff handling the area where BM is living.

Good luck!

[Giggles]

Most of the time just having the warrent is enough of a catalyst to get the children back.  Thats what happened in my case.  My X took off with our then 10 month old baby boy.  I was able to get a warrent placed on him and within hours, he told me where he was so I could get my son back.

Get the warrent!  This also shows that she is not stable enough to have custody back again!!

[Davy]

Normally when an arrest warrant is issued it is thru the DA office with a judge signature. Procedurally, the arrest warrant will be treated just like any criminal felony warrant with bail and coordinated with the other DA office and arresting agency (probable sherriffs office).  At the same time, there will probably be a pick-up order for the children to turn over to the proper parent that will likely be required to travel in order to return the children.  Be assured there will LIKELY be on-going communication among authorities when a parent is arrested ... the children just won't be left to fend for themselves or run the neighborhood (ie social services).

The criminal may be allowed to post bail or released on their own reconigtion to appear later at a bail hearing where the criminal determines if they will return to the arresting jurisdiction on their own or fight extradition (at a grand jury hearing; criminal does not appear).  There may be hearings in both jurisdictions before and after the arrest.

This info. is from BTDT memory and may not be exactly correct but is close.  I'm wondering (1) why you feel the need to retain an attorney in the foreign jurisdiction ... that puts the children at risk of a long civil battle and (2) why you're concerned with the criminal returning to the home jurisdiction ... that's entirely up to criminal and (3) what you have been advised about presenting your home jurisdiction custody order in the foreign jurisdiction to retrieve the children.

You may want to consider evoking the PKPA (Parental Kidnapping Prevention Act) in the Federal court nearest you.  It will be probably a 15 minute hearing and you'll win hands down.  See if she'll be advised or refuse to comply with a Federal court order to return the children.

I doubt it...

You'll need an attorney authorized to practiced in Federal court (the reason many attys won't advise this action).  Perhaps, with your state court actions as referral, you may file Pro se with the assistance/guidance of Federal court clerks (attorneys).

[Gestalt]

Do you not have her address? You could go get them.

[Davy]

 
Gestalt : "Do you not have her address? You could go get them."

Typically just showing up in a foreign jurisdiction (3000 miles from home) to retrieve the childen is not at all a good idea and that is why I asked the OP what he had been advised concerning that issue.  Kidnapping parent has yet to comply with any court order and such an action could very much upset the children.

Matters could quickly get ugly for daddy.  It is best to stay home and try to get the system work.

[Gestalt]

Gestalt : "Do you not have her address? You could go get them."

Typically just showing up in a foreign jurisdiction (3000 miles from home) to retrieve the childen is not at all a good idea and that is why I asked the OP what he had been advised concerning that issue.  Kidnapping parent has yet to comply with any court order and such an action could very much upset the children.

Matters could quickly get ugly for daddy.  It is best to stay home and try to get the system work.

You are absolutely right that the way of least turmoil is for dad to wait, TRY to fight in court, and hope for justice. All the while though mom is developing status quo- you know here argument in court (when and if they actually get there) is going to be it would be too traumatic for the children to be uprooted from their home and their primary caregiver and the children's best interests almost always outweigh the rights and interests of parents. I'm not trying to argue with you at all, but Dad does need to know that he does have the right to take action now and he should be discussing the most effective action to get his kids ASAP- and deal with mom's behavior later. Right now Dad is losing his kids.

[MomofTwo]

I agree with Davy.  If the process has been started in court, it is absolutely a very bad idea for Dad to show up and remove the children.  It is not just a matter of Mom having "status quo", the children are now residents of another state.  While that state won't have jurisdiction, you cannot simply show up and remove them from that state and take them  across state lines.  Opens the door for a whole lot of problems if done. Dad unfortunately has to rely on the court system and the process.

[no more mr nice guy]

I have been using the court system to get my children back. I'm afraid, with a hearing coming up in January, that if I don't get the children back soon a judge ( I have not had the same judge for any of the hearings) will decide to keep the "new" status quo with the mom.
I will try to get the DA to issue the warrant.
Has anyone had any luck with The Center for Missing and Exploited Children ?

Thanks

[gemini3]

I agree with Davy.  If the process has been started in court, it is absolutely a very bad idea for Dad to show up and remove the children.  It is not just a matter of Mom having "status quo", the children are now residents of another state.  While that state won't have jurisdiction, you cannot simply show up and remove them from that state and take them  across state lines.  Opens the door for a whole lot of problems if done. Dad unfortunately has to rely on the court system and the process.

No, this isn't true.  The children are not technically residents of another state because they are minors.  They technically have no residency of their own, it is based on the residence of their custodian who, in this case, is the father.

He absolutely CAN show up and retrieve his children, and he has every right to do so.  He has already gone through the proper channels, has been awarded custody, and therefore has the right to get his kids.

I also had a friend go through this.  They are VA residents, and the BM fled to IN.  They showed up at the IN school with the police and their custody papers and retrieved the children.  Yes, it was upsetting for the kids - but so is what the mother is doing.  Sometimes you have to go with the lesser of two evils.