Is it legal for a police officer to not assit you in in removing your child from someone when you have sole ph

Answer 1

It is his job to enforce the court order. If you show the court's order (it is a written document signed and stamped by a judge) that you have a sole custody of the child, then it is his duty to enforce it. There is no question about that. The other parent can get (and usually does) arrested for the kidnapping charges and for the violating the court order.
If the other parent has the visitation rights, he/she still has the right to keep the child during those visitation hours specified in the court order, even if it is only you that have been awarded the physical custody of that child.

Answer 2

You have to understand that most police departments only handle criminal matters. Most civil matters are handled by the Sheriff's Office. When it comes to matters of child custody, few parents actually carry the original, signed court documents with them at all times. Also, just because a person does have papers, the question would be how did the other person gain temporary custody of the child in the first place. I've been a cop for 22 years, and I've never seen custody papers placing one parent with sole physical custody that allowed the other party visitation. In other words, if a person has sole custody, then there are usually stipulations in the papers that only allow the other party to have visitation under supervised conditions. Now, let's say that another party did for some reason have visitation for a weekend, starting at 5 pm on a Friday and ending at 5 pm on a Sunday. Then the question would be was the person with sole custody trying to pick up the child in that time frame. The bottom line is that civil court orders are most often handled by the civil divisions of Sheriff's Offices. There are very few civil orders that police departments act on. However, if we do believe that the other person has violated a custody, and actually interfered with custody, which is a crime, then the police department will take criminal action and an arrest will usually occur.

Answer 3

I think that you are saying that a police man should assist if you have sole physical custody? I believe if you have sole physical cusotdy and the other person does not that once you show proof of that the police should assist you especially if the child is in danger with the person in question

Answer 4

If you are the custodial parent with sole custody rights and someone refuses to return your child, like maybe the non-custodial parent, then that is called Kidnapping. You need to report to the police that your child has been kidnapped and the name of the person you believe has your child. If the kidnapper leaves the state it will then become an FBI matter as well.

Answer 5

In Canada there would have to be a court order specifically directing the police officer to take the child and bring him/her back to the custodial parent. If only the "regular" kind of court order exists the police will try to mediate a solution and will direct you back to family court to obtain the kind of order that they can enforce.

Answer 6

Normally the police do not get invovled in civil court and family court matters.

You would have to get a specific court order for them to be removed from the other party. They do not inforce visitation and custody agreements normally.

If they are interfering with custody and your state allows you to file a criminal report, you will have to do that.

Answer 7

You need more information in your question and proof that you have sole custody...if there is no proof (signed by a judge) then he doesn't really have anything to do with custody.

Answer 8

child custody is a civil issue in some states/countries.

Answer 9

POLICE OFFICER HAS NO AUTHORITY TO ACT.

THEY REQUIRE COURT ORDER.
THEY UPHOLD THE LAW AND ENFORCE.
SOCIAL SERVICES AND JUDGES ISSUES ORDERS.
IF ORDER IS VIOLATED THEN THAT PERSON FILE COMPLAINT THRU COURT OR MAGISTRATE.

THEN POLICE WILL ACT.

Answer 10

I doubt it. Complain, that sounds shady.