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NCP Mom Wont return child

Started by Forthelittleones, Oct 02, 2007, 06:21:54 PM

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mistoffolees

Once the daughter starts school in the mother's location, it becomes harder to pull her out. The mother could then argue that since the daughter is in school at her location that she should stay there.

I think the daughter would lose more from extending the court battle and starting her in one school only to pull her out later than she would from missing a few weeks of school.

I would concentrate my energy on getting the system moving to get the child back where she belongs rather than worrying about a few days of school.

FatherTime

Do Not let her register the child in school.  That would be allowing/condoning the concealment, abduction, contempt of court, and potentially more charges.

I've had a similiar situation and I know how the local DA's office, DCS, and police helped me in my case, NOT MUCH - NONE.  

I would go to the local sherriff's office (where the child is located) myself and show the court papers from the family law case to them.  Have them go with you to the residence and get your son.  Since she has a history of shacking up with a convicted sex offender I would be acting as swiftly as possible.  The mother's judgement is definitely in question.  

Remember, it is the mother who has absconded with the child, and she will be held accountable to her abuse of the child for denying the child an education.  It's kind of like not paying child support.  The Dept. of Child Support likes to make a big deal about the financial support of the child.  An education is just as important.  In my state the parents can actually be sent to jail for not keeping the kids in school because of excessive absenteeism.  

I have one question.  Does anyone know why an amber alert isn't issued in this case?  I am ignorant to the reasoning of the amber alerts.  This is a real question and simply because I'm curious.

FatherTime

Forthelittleones

Fathertime...

An amber alert hasnt been issued because they know where the child is.  If she had run with the child, then we could have issued one.  Instead she wont let anyone into her house that doesnt live there and the child isnt allowed to leave.

I just hope that we can prod everyone enough to actually do something and hold this person accountable for thier actions.

Just curious, FT - how long did it resolve your issue, if you dont mind?

FLMom

Mistoff and Father Time,

I agree with you guys 100%. To allow the other parent to enroll the child in school is like handing the status quo issue over on a silver platter.

I'm wondering why the attorney isn't suggesting the CP head there and go to the local sheriff or PD? This could drag on and on if the NCP is that bull-headed that she would ignore three court directives!

Please keep us updated. My thoughts are with you.


Forthelittleones

DH asked the attorney if we could just go and get the child.  Due to how she has hid the child, runs from the police and the sheriff, it would be basically DH sitting up there for days on end until they found the child.  

Our attorney thought it would be easier on the whole process for Mom to do the right thing.  Since she has proven she cant do that again, the DA is pursueing things and hopefully on Tuesday (since Monday is a holiday), there can be a formal order that tells the local PD to intervene and help DH get the child.

I will keep you all updated.

Thanks for all your thoughts and help!


mistoffolees

It's very hard, but stick with what your attorney is telling you unless you have some reason to think that his advice is bad (even then, ask for an explanation before concluding that he's wrong).

My own personal opinion is that UNDER NO CIRCUMSTANCES should DH go there without the police. There's just too much at risk. Better to wait the few days to get the police involved.

It shouldn't be this hard, but sometimes it is. Keep in mind that they system is on your side (that's not always the case, unfortunately, but it looks like it's true in your case. If you're going to have the kids for the next 4+ years, a few days just won't matter in the long run.

One last thing. When you get the daughter back, be prepared for her to attack you and DH. Under the circumstances, I'd be surprised if the mother hasn't been filling her head full of lies which you'll need to overcome. Be patient with her. Counseling might help. Someone else here has recommended the book 'Divorce Poison' which might be worthwhile reading while you're waiting.

olanna

because with each passing day, the child is missing more and more in the classroom. If it was in my state, the child would have missed almost 8 weeks of school, which is hardly a few days.

And I must ask, if the Mom in this case was so horrible and had registered sex offenders living with her, why was this child even allowed to go to her home in the first place?

FatherTime

"How long did it resolve your issue, if you dont mind?"

They ignored it into oblivion.

FatherTime

Forthelittleones

Because the Judge says that the parent child relationship is golden even if it is a sucky one and the mom/child relationship is so much better.  The sex offender moved out and now she is living with a man who this same judge took away his 50% of his daughter due to the unstable (the police were out to the house all the time due to his gf- ie our mom) home environment.  Our Judge is very Pro Mommy.

Yes, the child is missing school and we are doing everything that we can to effect the return because it is not in the best interest for him to remain. However, when we are threatened with loosing custody if we so much as sneeze wrong and the mother can continually disobey CO after CO.  We do what we had to do.  She didnt return the child at Spring Break either. We had to go through this fight.  One day, the Judge will grant our motion to give her supervised visits in our town.