Ex threatening Amber Alert

[IceMountain]

My ex and I divorced in 2001.  At the time of the decree we both lived in the same city.  We have both since moved and live 210 miles apart.  She moved a month after the decree was finalized and I moved almost 2 years later.  Our decree does not address transportation at all.  My ex has now decided that she will no longer meet at the 1/2 way meeting point we have used for almost a year.  We had the same problem a year ago when she claimed I needed to do all of the driving, but then she did compromise and we began meeting again at the 1/2 way point in August of last year.

We are in the process of having our current orders modified.  The original decree is in Iowa, which requires mediation before any case goes to court.  I have filed a motion to have mediation ordered.  It has not been signed by a judge yet.  She still lives in Iowa, I am in Wisconsin.

When I had my son two weeks ago my ex informed me that she would not meet 1/2 way and that if I wanted my son I would have to drive round trip on both Friday and Sunday.  I tried to reason with her, but she flat out refused.  When I realized it was mother's day, I called her to let her know that it was a holiday and that she had visitation starting at 9:00 a.m.  She then agreed to pick up our son at my house only because it would be 'starting her visitation'.

It is again my weekend with my son.  We have continued to argue/talk about the transportation issue for the past two weeks.  She again has informed me that she will not be meeting 1/2 way and refuses to pick up our son at my home on Sunday.  

When I arrived at her house on Friday at 5:00 a sheriff was waiting for me to serve me papers for 'modification of dissolution of marriage'.  When I left I asked her if she would be picking up our son at my house on Sunday at 5:00.  She replied that she would not be and that if I did not return my son on time that she would have an Amber Alert issued.  The sheriff was no longer present during this conversation, but I do have it recorded.


1.  I have researched Amber Alerts and found that they are not to be used in 'child abduction' cases unless the child is believed to be in grave danger.  This is not child abduction.  She is refusing to pick up our son.  Our son is not in any danger.  What ramifications will she face if she lies about this and has a false report filed?

2.  What are my rights as far as transportation is concerned?

3.  I have contacted my local police department concerning the issue and they have filed a report.  Is there anything else I should be doing?

4.  I also contacted the police department in her city and they informed me that if the Amber Alert is indeed issued that I could be arrested.  How likely is this to happen?  He stated that she has to prove beyond a reasonable doubt that our son has been kidnapped before any action can be taken.

5.  Is this considered kidnapping or child abduction?  I gave her the option of meeting 1/2 way and to pick him up herself, she is refusing to pick up our son.

6.  Now, about the modification papers I was served.  These papers have already been filed in the court of the original decree.  They were filed in May of last year.  We had a pre-trial conf. in October and mediation motions were filed in December.  I fired my lawyer in January.  I refiled the mediation motion and it is file stamped before the papers she just filed in her district.  Who has jurisdiction or venue over this case?

[IceMountain]

One more thing, we have joint custody with her as primary.

[socrateaser]

>1.  I have researched Amber Alerts and found that they are not
>to be used in 'child abduction' cases unless the child is
>believed to be in grave danger.  This is not child abduction.
>She is refusing to pick up our son.  Our son is not in any
>danger.  What ramifications will she face if she lies about
>this and has a false report filed?

False reporting is usually a criminal offense, but more than likely, the Sheriff's office would contact you and ask what's happening, and when you explain, more than likely they would simply refuse to get involved, on grounds that it is a civil matter between parents -- not an abduction.

>2.  What are my rights as far as transportation is concerned?

There may be Iowa statutes covering transportation issues in the absense of express court orders -- if so, then those statutes would control. If not, then the court would look to what is reasonable, and to what the parties had been doing routinely in the past.

>
>3.  I have contacted my local police department concerning the
>issue and they have filed a report.  Is there anything else I
>should be doing?

Filing a response to the modification orders would go a long way to demonstrating that you have a case pending on the issue. You could even ask for an emergency restraining order mandating a half-way point, on grounds that the other parent has threatened to try to use the criminal laws to enforce what is currently a vague and ambiguous part of your custody orders, and that you may suffer irreparable harm if the temporary order is not granted. That would circumvent the battle, and it would be a pretty easy order, because all your asking for is to maintain the status quo, i.e., each party absorbs 1/2 of the cost of transportation incident to exercising custody/parenting time.


>4.  I also contacted the police department in her city and
>they informed me that if the Amber Alert is indeed issued that
>I could be arrested.  How likely is this to happen?  He stated
>that she has to prove beyond a reasonable doubt that our son
>has been kidnapped before any action can be taken.

Like I said, they would probably call you on the phone, and you would say, "My son's here, and I'm just waiting for his mother to come pick him up, but she hasn't arrived." After which the Sheriff would probably just say thanks, and tell the mother to either go get her child or a restraining order -- which is what I'm recommending that you do -- first, so as to prevent any further nonsense on the issue.


>5.  Is this considered kidnapping or child abduction?  I gave
>her the option of meeting 1/2 way and to pick him up herself,
>she is refusing to pick up our son.

Already asked and answered.

>
>6.  Now, about the modification papers I was served.  These
>papers have already been filed in the court of the original
>decree.  They were filed in May of last year.  We had a
>pre-trial conf. in October and mediation motions were filed in
>December.  I fired my lawyer in January.  I refiled the
>mediation motion and it is file stamped before the papers she
>just filed in her district.  Who has jurisdiction or venue
>over this case?

I don't have enough info:

1. What is the last final order entered in your case, and in what court was it filed?

2. What are the current pending motions before the court, and in what courts are they filed?

[IceMountain]

1.  What is the last final order entered in your case, and in what court was it filed?

The last final order was a 'Request for appointment of default mediator' which was filed on May 16th, 2005 with the court of the original decree.

2.  What are the current pending motions before the court, and in what courts are they filed?

The pending motions are the 'request for appt. of default mediator' with the original court and the 'petition to modify decree of dissolution of marriage', which was filed with the court in her district on May 18, 2005.

[socrateaser]

>1.  What is the last final order entered in your case, and in
>what court was it filed?
>
>The last final order was a 'Request for appointment of default
>mediator' which was filed on May 16th, 2005 with the court of
>the original decree.

What you are describing is a motion, not an order/judgment. What is the last final order/judgment, signed by a judge?

>2.  What are the current pending motions before the court, and
>in what courts are they filed?
>
>The pending motions are the 'request for appt. of default
>mediator' with the original court and the 'petition to modify
>decree of dissolution of marriage', which was filed with the
>court in her district on May 18, 2005.

[IceMountain]

The last order filed on the case was in the court of the original decree.  It was dated 11-8-04 and denied 'appointment of a default mediator as premature'.

The pending motions are the 'request for appt. of default
>mediator' with the original court and the 'petition to modify
>decree of dissolution of marriage', which was filed with the
>court in her district on May 18, 2005.  A pre-trial conference with this court is scheduled for July 1st.

Thanks again

[socrateaser]

>The last order filed on the case was in the court of the
>original decree.  It was dated 11-8-04 and denied 'appointment
>of a default mediator as premature'.

The court of the original decree retains jurisdiction, unless your latest modification papers are from another court, and you have answered those papers with a response other than a challenge to the new court's jurisdiction.