I live in B.C., my ex is in Alberta...my son is there visiting right now. I don't trust my ex or his wife. If they don't meet us return my son on the day that he is supposed to, can I have him charged. I have a feeling that he is going to come up with some sort of excuse that he can't drop him off on the day that is specified. Either that or try to avoid giving him back to me at all. I have custody, he just has access. What do I do if he does not cooperate? Please help!!! I am very worried.
2007-01-25 06:01:37 · 15 answers · asked by firefly2007 2 in Politics & Government ➔ Law Enforcement & Police
I would do this, If he gives some reason for NOT returning your son on the appointed day, I would tell him that you are coming to get him, and if he says that is not possible tell him he has exactly (however long the drive may take) to show up with your son, and tell him if he isn't there by that time you will contact the police where you are at and where he is at. make sure just in case you have a description of the vehicle they are driving, decription of both your ex and his wife (pictures would help). And stick to your guns, if he fails to return your son, give him option one (you will pick up your son)--or option 2 (he has 4 hours to get him home or else you go to the police)
2007-01-25 06:09:21 · answer #1 · answered by HappyGoLucky 3 · 1⤊ 0⤋
Dont take any measures until all of your other choices have run dry. DOCUMENT EVERYHTING. Keep a notebook near the phone. When you speak write down the date, time and info exchanged during the conversation. If he does not return your child on time and refuses communication (after SEVERAL attempts by you) wait 24-48 hours (so he cannot say "my car broke down" or "an emergency came up and I was out of cell range") Once he is unresponsive via phone, email, etc.. (When I say exhaust all opportunities I mean call his family, work, friends and anyone else you can think of maybe even landlord) DOCUMENT ALL CONTACT ATTEMPTS> Anyway after the proper time in which you are sure that he is NOT going to show up contact you local authorities and tell them you want to be informed of your rights as primary guardian .Request an officer at your home and once he arrive speak clearly and do NOT slander your ex of his new girl. The officer will dismiss you as another angry ex. Show your true concern for your childs welfare. Good luck!
2007-01-25 06:11:41 · answer #2 · answered by myindigostar 3 · 1⤊ 0⤋
I had the same problem as you. You live in Canada so I am assuming the laws are very different. In the states they are not screwing around anymore when it comes to child custody. My ex took my daughter out of the state. I showed up to pick her up and when she didnt show I called her. She said " oh I forgot to tell you were in Las Vegas" When I told her she was in violation of a court order she started laughing and hung up on me. I called the police and they called her and told her that she was in violation of a court order and gave her 24 hours to return my daughter or they would put out an apb for kidnapping which is a felony. You have to have your court order in hand (signed by a judge) or they will not lift a finger. I found a sympathetic police officer who really helped me out. This also sent my ex a strong message that I was not playing around. She has not tried that again.
2007-01-25 06:20:55 · answer #3 · answered by loveroffreedom 3 · 1⤊ 0⤋
Try to be a little flexible, but, if he still persists in not returning your child or has a history of dangerous behavior, then you should definitely get the authorities involved. America has a charge called "custodial interference" and I am sure Canada must have something similar.
2007-01-25 06:12:37 · answer #4 · answered by AmyU 2 · 0⤊ 0⤋
If you have full custody then you can call the cops on him if he doesn't return him on the specified day and also take him back to court to put more limitaions on seeing your son. If he does not respond to any of this then the court should automatically start the process of locating him and your son, he will also be put in jail pending a court hearing. GOOD LUCK and dont put up with his crap!!!
2007-01-25 06:08:15 · answer #5 · answered by ru2tipsy2c 3 · 0⤊ 0⤋
First of all, get a grip, and don't put the horse before the cart. One that day if there is a problem, try and resolve it, and if not alert the authorities. Depending on his history and employment and what he has to lose could play a part, in not cooperating with you, but wait for that time.
2007-01-25 06:24:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Nothing has happened sounds like your just making a mountain out of nothing. When something happens then you call the RCMP.
Your husband has visitation rights and you can't deny them to him. You son needs to be with his Dad on occasion without you fretting everytime that he is gone. Unless your husband has done something previously to give you cause.
You dont' say how old your son is .. under 5 you might be concerned over 5 he is probably enjoying the time with his Dad.
2007-01-25 06:13:24 · answer #7 · answered by Tapestry6 7 · 0⤊ 1⤋
Go straight to the police and have charges filed. If he says he cant drop him off tell him you will come get your son. Also contact your lawyer, also check and see what your divorce papers say.
2007-01-25 06:46:02 · answer #8 · answered by helen 2 · 0⤊ 0⤋
Yes, if you are the legal custodial parent, you can have your ex-charged with kidnapping if he does not return the child on time.
2007-01-25 06:07:36 · answer #9 · answered by darkdiva 6 · 0⤊ 0⤋
Yes. He can be charged with kidnapping if he is violating visitation rights.
Don't overreact, but I would be communicating with a Lawyer right now if I were you.
2007-01-25 06:05:42 · answer #10 · answered by Anonymous · 0⤊ 0⤋