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Children Taken to Another State by Ex-Wife Against Custody Papers

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  • 03-16-2011, 05:03 PM
    Brakford
    Children Taken to Another State by Ex-Wife Against Custody Papers
    My question involves a child custody case from the State of: Texas
    My son-in-law has joint physical custody of his two kids (week on, week off leavingin the same area with the same school)
    Custody papers state they meet at a set location to exchange kids, have equal rights to all aspects of the kids lives, no child support paid, and phond access every night.
    Kids cannot be taken out of state and must remain within 200 miles of spouse's current address unless a writtne request is given with a 60 notice and aprrived in writing and file with the court.
    He got a call last Thursday from the school asking why the kids had not been in school all day. He had just spoke to them the night before but all phone conversations are obviously coached die to all the delays to answer.
    He called his lawyer and was told to call the police. She lives with her boyfriend, her affair with this guy ended the marriage but that is another story).
    Police could not find her or the kids. We were all in a panic mode as she has threatened to take the kids in the past.
    We found out where they were when she posted on her Facebook to her friends (we are all blocked) that they were at Disneyland in California. His lawyer called her lawyer to demand to know where the kids were.
    He gets a phone text from her to check his mail.
    She sent him a letter dated a week after she had left stating she was relocating the kids to her boyfriend's parent house, had already enrolled them in a new school and to stay away.
    His lawyer has just filed for full custody but I can't believe it is a whole month until the court date. She is told to return with the kids and should be served tomorrow.
    I am so surprised the system moves so slow as I doubt she will put the kids in school plus we have no idea how 8 people are liveing in a 3 bedroom, 1 bath house.
    He has talked to his kids but they hardly speak.
    He has a whole year of phone text messages from her and her boyfriend harrassing and threatening him.
    His lawyer believes he has a very stron case but what happens if she does not return for the court date?
  • 03-16-2011, 05:06 PM
    Dogmatique
    Re: Children Taken to Another State by Ex-Wife Against Custody Papers
    In all honesty a month is not long at all.

    He needs to listen to his attorney. Really, all he can do now is wait.
  • 04-07-2011, 05:21 PM
    Brakford
    Re: Children Taken to Another State by Ex-Wife Against Custody Papers
    Update and questions: Emergency court date was sent for April 14th and ex-wife was served on April 1st. Found out ex was in town a week ago to meet with her lawyer. Got a letter in the Mail today from my son-in-laws lawyer that she requested a Continuance due to cost of airfare at sort notice with a new date of April 28. He talked to his lawyer yesterday and he had not heard from her lawyer. How can you get a continuance on an emergency hearing due to cost of travel when you are the one who illegally took them out of state. He could not talk to lawyer tonight but will be burning up the phone in the morning.
    Can the attorney agree to this without discussing with client? It is obvious ex could afford to fly in to see her lawyer.......
    Comments appreciated....
  • 04-07-2011, 08:15 PM
    tex11
    Re: Children Taken to Another State by Ex-Wife Against Custody Papers
    While this is all understandably distressing, it is not in fact an "emergency". There is no eminent danger to the children. If it was an emergency dad would have been granted an ex Parte hearing.

    Dad's "burning up the phone in the morning" can only be directed to his attorney, and the best his attorney can do is object to the continuance, nothing more.

    It will be entirely up to the judge to decide whether or not to grant the two week continuance. And at this point it could go either way.
  • 04-07-2011, 08:18 PM
    Dogmatique
    Re: Children Taken to Another State by Ex-Wife Against Custody Papers
    Quote:

    Quoting tex11
    View Post
    While this is all understandably distressing, it is not in fact an "emergency". There is no eminent danger to the children. If it was an emergency dad would have been granted an ex Parte hearing.

    Dad's "burning up the phone in the morning" can only be directed to his attorney, and the best his attorney can do is object to the continuance, nothing more.

    It will be entirely up to the judge to decide whether or not to grant the two week continuance. And at this point it could go either way.



    Agreed.

    Again, it's playing the waiting game. There's really nothing to be done in the meantime.
  • 04-11-2011, 01:41 PM
    Brakford
    Re: Children Taken to Another State by Ex-Wife Against Custody Papers
    Update: Request for continuance was denied. Court is this Thursday.
    I will provide an update on what happens.
  • 04-18-2011, 12:52 PM
    Brakford
    Re: Children Taken to Another State by Ex-Wife Against Custody Papers
    Court has decided on temporary orders. He gets the kids this Spring Break and all summer to make up for missed time. She does not get child support until October. These are just temporary orders as they will need to discuss final outcome. All contempt charges against her were dropped. Lawyers are finalizing the paperwork today.
    Note: Ex this morning told my son-in-law that there is no way she will send the kids to him for Spring Break. He pays airfare to get them and she pays to fly them home. He already told his lawyer who is meeting with her lawyer today anyway. So what is the worst that could happen if she does not send them....just another contempt charge?
    If he has orders in hand stating he gets them 04/24-04/30, can he go get them with help of local police?
  • 04-18-2011, 01:58 PM
    NdK1009
    Re: Children Taken to Another State by Ex-Wife Against Custody Papers
    Quote:

    So what is the worst that could happen if she does not send them....just another contempt charge?
    Assuming your son files it, yes, it would be a contempt proceeding. However, the consequenses can be quite punitive, depending upon the pattern of behavior, statutory provisions, etc.

    Quote:

    If he has orders in hand stating he gets them 04/24-04/30, can he go get them with help of local police?
    Both your son and his ex have joint legal custody, therefore the police will not intervene and force the mom to hand over the kids. They leave that stuff to the civil courts to sort out. However, that doesn't mean that your son shouldn't attempt to exercise his visitation with his children. If he doesn't try to get the kids, then he has no grounds to stand on for a contempt motion. Mom could easily say that she saw the error of her ways and would have given your son his kids if he purchased the plane tickets and/or had shown up to get them. Of course, the need to attempt to exercise his visitation does not necessarily mean that he has to physically go to his ex's house; if his court orders say that he is to purchase airline tickets for the kids and she is to put the kids on the plane, but doesn't do so, that should be sufficient for the courts.

    As an aside, and with the realization that the other memebers of this forum may stomp on me for this (and that's okay), I'd like to pose a semi-retorical question: Why were the original contempt allegations dropped?
    I realize that I don't have all the facts of this case, and I'm hesitant to question an attorney, but by agreeing to dismiss the contempt "charges" and entering into this temporary visitation agreement, I am concerned that your son may have provided his ex with permission to keep the kids out of state, killed his custody petition, and turned himself into a long distance parent.

    Unless they weren't really "dropped". Perhaps your son's ex is stipulating to the allegations.
  • 04-18-2011, 03:42 PM
    Brakford
    Re: Children Taken to Another State by Ex-Wife Against Custody Papers
    There are other issues involved with all this...........recording of them vebally abusing each other with one kid present, a years worth of phone texts that were quite nasty, a physical fight with her current boyfriend. The court determined both parents were equally at fault in the accusations and said the ex and her boyfriend had been baiting and recording everything and even stated in a phone text they were planning to get him arrested so he would lose the kids. It has turned into a divorce from Hell. Based on the demands of her lawyer and his lawyer, this is what the court decided.
    Yes, he will buy the airline tickets once his lawyer gives him the date........that is really all he can do. I do hope that if she does not put the kids on the plane, there will be some knid of serious consequences.
    Note: Even in court, he told the judge he did not feel very confident she would follow through with the court's orders.
  • 04-18-2011, 03:44 PM
    Dogmatique
    Re: Children Taken to Another State by Ex-Wife Against Custody Papers
    Quote:

    Quoting NdK1009
    View Post

    As an aside, and with the realization that the other memebers of this forum may stomp on me for this (and that's okay), I'd like to pose a semi-retorical question: Why were the original contempt allegations dropped?
    I realize that I don't have all the facts of this case, and I'm hesitant to question an attorney, but by agreeing to dismiss the contempt "charges" and entering into this temporary visitation agreement, I am concerned that your son may have provided his ex with permission to keep the kids out of state, killed his custody petition, and turned himself into a long distance parent.

    Unless they weren't really "dropped". Perhaps your son's ex is stipulating to the allegations.



    No stomping here :)

    I thoroughly agree with everything you've said here!
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