Can You Get Your Ex- Charged for Moving With the Children Without Consent
My question involves criminal law for the state of: CT , TN and Federal
In August 2010, my ex wife and I were in a dispute in court relating to here request to move my children out of state. They were aged 6 and 8 at the time. On a sunday afternoon in early August she picked my children up from my home following regular weekend visitation. A few days later I learned that she had taken them and moved the to TN, and enrolled them in school the next day. I consulted my attorey at the time if I should notify the police and he said , we will resolve this with family court. (I fired him shortly after) The court did nothing and a 15 month court battle ensued, resulting in that while she was woring to do this, it now would be harmful to bring the children back as now they are settled. Worn out from all the court process, we settled on a revised visitation agreement. Consulting with other family attorneys, they had said this was an ionteresting, landmark type case that they would love to have on thier resumes, howver the costs would bankrupt me, as they estimated the costs to be pursue it be between $500k and $1M.
My question is, can she still be brought on criminal charges for taking the children at time with out my consent or the court's consent? Can I bring her attorney up on charges as well for basically engineering this?
Re: Children Moved Without Consent
Re: Children Moved Without Consent
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MRXCRDH
My question involves criminal law for the state of: CT , TN and Federal
In August 2010, my ex wife and I were in a dispute in court relating to here request to move my children out of state. They were aged 6 and 8 at the time. On a sunday afternoon in early August she picked my children up from my home following regular weekend visitation. A few days later I learned that she had taken them and moved the to TN, and enrolled them in school the next day. I consulted my attorey at the time if I should notify the police and he said , we will resolve this with family court. (I fired him shortly after) The court did nothing and a 15 month court battle ensued, resulting in that while she was woring to do this, it now would be harmful to bring the children back as now they are settled. Worn out from all the court process, we settled on a revised visitation agreement. Consulting with other family attorneys, they had said this was an ionteresting, landmark type case that they would love to have on thier resumes, howver the costs would bankrupt me, as they estimated the costs to be pursue it be between $500k and $1M.
My question is, can she still be brought on criminal charges for taking the children at time with out my consent or the court's consent? Can I bring her attorney up on charges as well for basically engineering this?
You basically agreed to her move when you revised the visitation based on the new location. This is what Connecticut says about relocation:
"Sec. 46b-56d. Relocation of parent with minor child. Burden of proof. Factors considered by court. (a) In any proceeding before the Superior Court arising after the entry of a judgment awarding custody of a minor child and involving the relocation of either parent with the child, where such relocation would have a significant impact on an existing parenting plan, the relocating parent shall bear the burden of proving, by a preponderance of the evidence, that (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child.
(b) In determining whether to approve the relocation of the child under subsection (a) of this section, the court shall consider, but such consideration shall not be limited to: (1) Each parent’s reasons for seeking or opposing the relocation; (2) the quality of the relationships between the child and each parent; (3) the impact of the relocation on the quantity and the quality of the child’s future contact with the nonrelocating parent; (4) the degree to which the relocating parent’s and the child’s life may be enhanced economically, emotionally and educationally by the relocation; and (5) the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements."
http://www.jud.ct.gov/lawlib/Noteboo...Relocation.PDF
If she moved them during a relocation dispute, you should have filed contempt orders. Did your decree state that she had to have permission to move them? If so, contempt. I'm not sure why nothing happened for 15 months. Seems like something might be missing. Because I don't see how a judge would be okay with a parent moving while relocation was disputed. Criminal charges against her? I doubt it.
How would you bring your attorney up on charges? What prosecutor is going to charge your attorney for telling you to handle it in family court? None.
Re: Children Moved Without Consent
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MRXCRDH
My question is, can she still be brought on criminal charges for taking the children at time with out my consent or the court's consent? Can I bring her attorney up on charges as well for basically engineering this?
Which laws do you believe were broken?
At the time she left for Tennessee, was Mom under a restraining order preventing the relocation of the children? (it doesn't really matter because you have no case regardless, but I'm curious - and I might have something to say about your attorney and what may - just may - have been a viable option at the time)
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qwaspolk69
How would you bring your attorney up on charges? What prosecutor is going to charge your attorney for telling you to handle it in family court? None.
He wants to have MOM'S attorney charged (with what, I do not know) for I guess being "complicit" in what OP thinks was a crime.
Re: Children Moved Without Consent
You say that the court did nothing for 15 months but you don't say that you initiated any other action after you fired your attorney. Did you just sit back and wait for something to happen? Was there an order restraining her from doing such other than you two disputing the move? An actual order that explicitly spells that out?
You say that this began in 2010 but you don't say anything else. What was the timeline? How long have the children been in TN at this time? Are you saying that the action began in 2010 and continued into 2015 because if you did I'd say that 5 years or so is a ridiculous time for this to have resolved itself through the court. If the children have been in TN for 5 years you may have a hard time undoing that as you'll have demonstrated, through your inaction that you're OK with the relocation. You'll struggle after 15 months of inaction as well but there is a difference between 15 months and 60 months..or how ever long it's been.
Please provide and accurate timeline before we can really address this.
Re: Children Moved Without Consent
Correct, I want to charge her attorney for engineering this mess. He obviously advised her to do so. I tried everything, contempt, motions, the court did nothing, I should sue them. Now she is denying visitation messing with child support orders the works, in short she is a manipulative liar and should go to jail. I will be calling the FBI tomorrow to press charges, regardless.
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Dogmatique
He wants to have MOM'S attorney charged (with what, I do not know) for I guess being "complicit" in what OP thinks was a crime.
Ugh I totally misread that. I saw that he fired his attorney and I guess I glossed over it. It's been a crazy couple days...
Re: Children Moved Without Consent
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MRXCRDH
Correct, I want to charge her attorney for engineering this mess. He obviously advised her to do so. I tried everything, contempt, motions, the court did nothing, I should sue them. Now she is denying visitation messing with child support orders the works, in short she is a manipulative liar and should go to jail. I will be calling the FBI tomorrow to press charges, regardless.
Law enforcement will not touch this. It's likely that the attorney didn't do anything illegal and you just believe they did due to your imperfect understanding of the law and the actual situation between your ex and the attorney.
Please answer the above questions.
Re: Children Moved Without Consent
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MRXCRDH
Correct, I want to charge her attorney for engineering this mess. He obviously advised her to do so. I tried everything, contempt, motions, the court did nothing, I should sue them. Now she is denying visitation messing with child support orders the works, in short she is a manipulative liar and should go to jail. I will be calling the FBI tomorrow to press charges, regardless.
You have no case against mom -- whatever led up to your decision, you agreed to her having custody in the new state.
You have no case against her lawyer, even if you're angry that her lawyer did a much better job in court than you and your lawyer.
If mom is not following the present custody and visitation order, take her to court on those issues. But give up the fantasy that your going to get somebody thrown in jail over a custody issue that you voluntarily settled years ago.
Re: Children Moved Without Consent
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MRXCRDH
Correct, I want to charge her attorney for engineering this mess. He obviously advised her to do so. I tried everything, contempt, motions, the court did nothing, I should sue them. Now she is denying visitation messing with child support orders the works, in short she is a manipulative liar and should go to jail. I will be calling the FBI tomorrow to press charges, regardless.
FBI won't do squat. :cower:
Re: Children Moved Without Consent
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MRXCRDH
Correct, I want to charge her attorney for engineering this mess. He obviously advised her to do so. I tried everything, contempt, motions, the court did nothing, I should sue them. Now she is denying visitation messing with child support orders the works, in short she is a manipulative liar and should go to jail. I will be calling the FBI tomorrow to press charges, regardless.
What? Is that a serious post? You're going to call the FBI - to do what? You do realize that you as a citizen can never press charges against anyone right? You really think the FBI handles family law situations? Are you high right now? I also don't see how you can get any charges brought against her attorney.
If she's denying you visitation that is in the order file a motion of contempt against her. How is she messing with child support orders? She may very well be a manipulative liar but last I knew that wasn't a crime. If it was, my ex would be serving a life sentence.
Re: Children Moved Without Consent
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MRXCRDH
Correct, I want to charge her attorney for engineering this mess. He obviously advised her to do so. I tried everything, contempt, motions, the court did nothing, I should sue them. Now she is denying visitation messing with child support orders the works, in short she is a manipulative liar and should go to jail. I will be calling the FBI tomorrow to press charges, regardless.
ROFLMAO!
Yeah, no. You'll end up looking like a complete tool if you do that. I suppose on the plus side, you'll give the phone operators a laugh to help them get through till Friday.
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MRXCRDH
I will be calling the FBI tomorrow to press charges, regardless.
Uh, yeah. Good luck with that.
Why don't you speak to YOUR attorney about the situation. I'm sure he can straighten you out.
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Highwayman
Uh, yeah. Good luck with that.
Why don't you speak to YOUR attorney about the situation. I'm sure he can straighten you out.
He fired his attorney. Did he hire a new one?
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qwaspolk69
He fired his attorney. Did he hire a new one?
Didn't notice that. Maybe a consultation with a new one is in order.
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Highwayman
Didn't notice that. Maybe a consultation with a new one is in order.
Or at least a consultation with a medical expert...
Re: Children Moved Without Consent
Yep Ive learned that the agreements and orders are literally unenforceable, as long as she has the children and I have a penis they will not do anything. A contempt motion does nothing except get me to spend Monday afternoons waiting for the court to do nothing and in the end they tell her don't do that and then she will not change her behavior. They need to put more meat like jail time for contempt of agreements, it will do her good.
Re: Children Moved Without Consent
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MRXCRDH
Yep Ive learned that the agreements and orders are literally unenforceable, as long as she has the children and I have a penis they will not do anything. A contempt motion does nothing except get me to spend Monday afternoons waiting for the court to do nothing and in the end they tell her don't do that and then she will not change her behavior. They need to put more meat like jail time for contempt of agreements, it will do her good.
It has nothing to do with your genitalia. YOU approved of the move ultimately. It's YOUR fault because you're a moron. Not her lawyer's fault. Not your lawyer's fault. Not the judge.
There can be jail time. Maybe the first time they tell her "don't do that" but you get make up time for what you missed. If she doesn't give you the make up time and continues to refuse your time she can go to jail.
How about you go get a lawyer and a a medical exam as suggested.
Re: Children Moved Without Consent
I'm probably going to hate myself for this but...
Why, after almost seven years, is this an issue again? After accepting the status quo for all this time, what has happened that's suddenly made you so determined to put your ex in jail?
Re: Children Moved Without Consent
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MRXCRDH
Yep Ive learned that the agreements and orders are literally unenforceable, as long as she has the children and I have a penis they will not do anything. A contempt motion does nothing except get me to spend Monday afternoons waiting for the court to do nothing and in the end they tell her don't do that and then she will not change her behavior. They need to put more meat like jail time for contempt of agreements, it will do her good.
When was the last time you saw your children?
Re: Children Moved Without Consent
Apparently my last post never made it onto the message board.
You have refused, thus far to answer any of the questions about the timeline. Without a specific timeline was cannot comment intelligently.
You said that all of the began in When did your ex take the children?
How long have they been in a different state?
Why didn't you do anything about it then? If you'd moved on it promptly she would've been in contempt and could've been summoned to return and that is enforceable. Did you do this?
All you've done so far is piss and moan about how unfair everything is but you've not said what specific steps you've taken to remedy the situation and when.