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  1. #1
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    Feb 2011
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    Default 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.

  2. #2
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    Default Re: Children Taken to Another State by Ex-Wife Against Custody Papers

    Quote Quoting tex11
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    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.

  3. #3
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    Mar 2011
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    Default 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.

  4. #4
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    Mar 2011
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    Default 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?

  5. #5
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    Sep 2009
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    Minneapolis/St. Paul area
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    Default Re: Children Taken to Another State by Ex-Wife Against Custody Papers

    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.

    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.

  6. #6
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    Mar 2011
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    Default 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.

  7. #7
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    Sep 2009
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    Minneapolis/St. Paul area
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    Default Re: Children Taken to Another State by Ex-Wife Against Custody Papers

    Note: Even in court, he told the judge he did not feel very confident she would follow through with the court's orders.
    Unfortunately, the courts won't act until she actually does (or fails to do) something. I know it's frustrating, but they won't punish her for something she MAY do.

    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.
    I'm still not clear on how this factors into the mom's unilateral decision to move the kids out of the state, which seems to be a clear violation of their current order. My concerns remain the same.

  8. #8
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    Default Re: Children Taken to Another State by Ex-Wife Against Custody Papers

    Quote Quoting NdK1009
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    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!

  9. #9
    Join Date
    Mar 2011
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    8

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

    Update tonight. Her lawyer told her that she did have to send the kids for Spring Break. Now the Ex is saying no way until he takes some form of Anger Mangement. Note: No spouce or child abuse at all ever discussed or exists. Court said no reason he could not see his kids.
    Emergency meeting with Lawyers and Judge in the morning to deal with this. As fast as the ex can come up with any new thing to delay things, she does. Her lawyer is a little frustrated. Let's see what the judge says in the morning.

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