My ex husband will pick up our child for his visits, but when it's time to bring her back he calls and says he has no transportation. I have to find someone to go get my child from wherever he is!!
Shouldn't this be his responsibility?
Is this kidnapping if he won't bring my child back home after his hours are up?
What can I do?
I am supposed to have sole legal and sole physical custody. This is a recently entered order for a visitation schedule and my child isn't being returned unless I retrieve them!
2007-09-09 07:07:51 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If I keep going to get her from wherever he is, what happens when it's too far for me to get to them? What if they fly away?!
Am I within right to say "You bring her back on time, or I'll call the police." Would the police do anything if he doesn't bring her back on time?
What if it's happened repeatedly?
Does a make a difference that he's telling me to come get her?
The original order says he is responsible for transportation for BOTH ways for his visits.
The new visitation "schedule" order doesn't specify.
2007-09-09 07:12:51 · update #1
it is absolutely his responsibility to provide transportation. i'd call the cops and at least get police reports to bring to a later courtdate, which you are obviously going to have at some point. hopefully you will get a judge who is unsympathetic to his procrastination and irresponsibility.
2007-09-09 07:15:29 · answer #1 · answered by raven_roycroft 3 · 1⤊ 0⤋
What do your divorce papers say? If it states that you have sole placement, or sole custody, or PRIMARY custody, then yes, you can call the police and have it considered kidnapping.
In my experience with dealing with an Ex, the only way they can attempt to take the child away is if your divorce decree states Joint Placement, Joint Custody. Unfortunately this is a tactic used by many cowardly mothers and fathers who use their child for financial gain (child support). They keep the child until the Courts decide who should get whom. However, if you are the primary custodial parent, I would call law enforcement right away, have your papers handy. Most divorce decrees include documents or a Family Planner that specifies when each parent has the child.
From your last statement I would call the police and make a report. They will most likely call the father and tell him to return the children, otherwise you may have to go pick them up, BUT then you could file a motion with the court to have his visitation suspended or at the least the judge will make sure he is aware of the custody agreement. By all means files a report!
2007-09-09 07:19:27 · answer #2 · answered by rmkenterprise 3 · 0⤊ 1⤋
How does he pick the child up? You are not responsible for the travel arrangements for return of the child. Next time he picks the child up, let him know he is responsible for the return and if he cannot, don't take the child. I can see that this will end up back in court but at least you are obeying the order. My wifes ex tried this but changed his mind after the police came to his house to find out why the kids weren't home two hours after visitation hours ended.
2007-09-09 07:16:40 · answer #3 · answered by sensible_man 7 · 1⤊ 0⤋
Check the court orders -- often, it will discuss who is responsible for transporting the child to where . . . and if it doesn't, you could ask the court to modify the custody and visitation orders to include this.
2007-09-09 14:42:03 · answer #4 · answered by Anonymous · 0⤊ 1⤋
That occurred between my mom and pa. My dad did no longer prefer us to return residing house by way of fact of our residing circumstances yet on account that he replaced into no longer the custodial determine, they made him deliver us residing house or do away with us from his residing house. So, call the police branch
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2007-09-10 01:45:35 · answer #6 · answered by Anonymous · 0⤊ 1⤋