Enforcing a Visitation Order

[meandme]

My question involves a child custody case from the State of: Ohio

I live in a city where the police have an unwritten policy which is contrary to law by claiming that interference with custody is a "civil matter" when ORC 2919.23 makes it clearly criminal

Any reasonably trained officer knew or should know that Interference with custody is a crime and cannot therefore claim good faith in their negligence, (also 2921.44 is not a strict liability statute)

My question is what is the proper route to cause an officer to do their job? Mandamus?

[aardvarc]

It might seem clear to YOU, but you'd be mistaken if you're trying to apply it to a custody case between parents. That's NOT whose "interference" the statute is intended to address, and that's why law enforcement will continue to refer you BACK to the civil court whose custody/visitation order governs custody/visitation issues between PARENTS.

If the party who you feel is interfering is NOT a parent, OR not acting under the DIRECTION of a parent, THEN you may have recourse.

[meandme]

Ok, I'm a little confused now cause when the police make the report they call it "Interference with custody" and the statute reads "No person" without any parental exceptions...
Also the Ohio Supreme Court has ruled "when a statute is clear on it's face it must be enforced as written, to do otherwise would be to rewrite the statute"...
And the statute which creates a civil cause of action for Interference with custody explicitly states that that section does not create a civil cause of action between two parents...
so if the General Assembly had intended 2919.23 Interference with custody not to apply to two parents they would have explicitly said so and would not have used the phrase "No person".

To me, the intent and interpretation of the statute is clear in that respect for the reasons above. Can you please elaborate on why you feel it doesn't apply or are you saying that courts just haven't been applying it that way?

[Dogmatique]

The courts in Ohio have not been applying it that way at all. And how the courts apply it is everything. It is also not the intent of the statute which has been shown over, and over, and over, and over again.


If you wish to challenge that, then you'd need an attorney.

[meandme]

Ok, thanks that's what I was wondering. I believe I have enough precedent to show it should be enforced as written... Thank god for the appellate system!