I'm suppose to get 14 days notice in writing but didn't. Would this be contempt of court as well as kidnapping?
2007-10-29 15:59:53 · 11 answers · asked by flashtl11 1 in Family & Relationships ➔ Marriage & Divorce
Thanks for the answers but I can't afford a lawyer. I represented myself in the divorce. Can I call the police if she does or what?
2007-10-29 17:02:46 · update #1
Contact your attorney NOW! You're obligation is to your children.
I'm sure this isn't the case for you but my husband's ex tried to do the same thing. Their decree states that not only does the custodial parent have to provide 14 days written notice (except in times of emergency) they cannot take the children more than 100 miles from the home without written permission of the other parent. His ex tried to take the kids to Canada where her new husband is part of an Indian reservation. Their plan was to keep the kids there so that we couldn't see them!
Call me over protective and it may have been a simple over site on your wife's part but make sure she knows now that you're not going to put up with lax behavior with the children!
2007-10-29 16:30:48 · answer #1 · answered by cgspitfire 6 · 0⤊ 0⤋
Ok I have been here and done this.
The first ting you need to do is call your lawyer and get an Exparte petition from the court. Tell him you need this done asap as it is an emergency. They are your kids and the biggest mistake you can do is let them leave. Take it from me I made that mistake. So the Ex parte is what you need and don't wait cause be fore you know it she will be gone. If she does leave she is in contempt of court and you can have the kids extradited back to the state until there is a hearing.
2007-10-29 23:22:18 · answer #2 · answered by sansoucie28 1 · 1⤊ 0⤋
The only recourse you have is to file contempt charges against her in court. Unless you know someone who can do this for you you will have to get a lawyer. Call a few, there are alot who will work with you and take payments on their services while they work the case for you.
But you need to get something filed in court to try to stop this little stunt she is trying to pull.
2007-10-30 00:12:08 · answer #3 · answered by az_mommma 6 · 0⤊ 0⤋
She is going against the court order and that is against the law.
Tell your ex-spouse that you need to have the itinerary or your child is not going anywhere. Try not to involve the lawyers.
It is important to do what is in the best interest of your child, however, if she does this once, she will continue to take advantage of you and it will soon get out of hand. I know. It happened to me. Even though I notified my ex-husband that I was taking our children to DL, he still phoned the local police. I was in the right because I did notify him. He just wanted to cause problems and he ended up looking like an idiot to my kids!
2007-10-29 23:18:39 · answer #4 · answered by pamela 1 · 0⤊ 1⤋
Speak with an attorney quick!! If your papers show that she is supposed to give you that notice then, yes, she is in contempt of court. It depends on your states' laws on the kidnapping issue. Good luck!
2007-10-29 23:09:47 · answer #5 · answered by swtz69drmz 5 · 2⤊ 0⤋
If it is in the best interest of your child, you should let her go. Tell her that you will continue to support your child and that you will be seeking visitation.
Do not say or do anything out of anger or your own feelings toward your Ex-wife. It is all about what is best for your child.
2007-10-29 23:08:37 · answer #6 · answered by Smart Nurse 5 · 1⤊ 1⤋
it is definitely contempt. call the sheriff. have her arrested. dont let her take your kids!!! she is in contempt she may have to pay your court costs/fees.
2007-10-30 01:44:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You call your lawyer and let him know what's happening.
He'll take it from there.
2007-10-29 23:12:39 · answer #8 · answered by daljack -a girl 7 · 1⤊ 0⤋
Confront your ex about the situation....and let her know that you will take it further if she doesnt co-operate.
2007-10-29 23:10:06 · answer #9 · answered by Anonymous · 0⤊ 1⤋
the...2. answer i agree with as well to my opion?
2007-10-29 23:40:27 · answer #10 · answered by the_silverfoxx 7 · 0⤊ 0⤋