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  1. #1
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    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    I don't disagree with how the term is frequently used. But when we're told, "There is no court approved custody is in place", it's important to find out what the OP means by the term.

  2. #2
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    Jan 2015
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    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Thank you guys...The mother (my daughter) tried to take the kids to Portland without the fathers consent. I stopped her by taking the kids to him. She tried to get him to agree to a "parenting plan" telling him it would protect him. He was going to do it thinking it was the same as a court order custody agreement. I explained that it was not. This is going to be very messy and hard. I am helping my son inlaw to protect my grands. Sad to say but she is not fit to have her kids atm...Yes this is about kidnapping. We (son in law and I) are going to have many questions on different things do I need to start a different thread for each issue?

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    One question is I know (or think) until a custody order is in place if I have the kids she can come take them from me. Is there a way to get this overrided till he gets to court? He needs my help. Has no one else to leave the kids with..

  3. #3
    Join Date
    Jul 2010
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    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Quote Quoting trishcimh
    View Post
    One question is I know (or think) until a custody order is in place if I have the kids she can come take them from me.
    Yes.

    Quote Quoting trishcimh
    View Post
    Is there a way to get this overrided till he gets to court?
    No.

  4. #4
    Join Date
    Oct 2006
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    16,474

    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Quote Quoting trishcimh
    View Post
    Thank you guys...The mother (my daughter) tried to take the kids to Portland without the fathers consent. I stopped her by taking the kids to him.
    Tried to take them to Portland for a visit or tried to move them to Portland. You do realize that you had no right to take her children away from her?

    She tried to get him to agree to a "parenting plan" telling him it would protect him. He was going to do it thinking it was the same as a court order custody agreement. I explained that it was not.
    A parenting plan can very well be the same as a court order if it is signed off on by a judge.

    This is going to be very messy and hard. I am helping my son inlaw to protect my grands.
    It might get even messier and harder if you don't watch what you are doing.

    Sad to say but she is not fit to have her kids atm
    Grandma, its important that you understand that what you and I might deem as unfit is highly likely not to be deemed as unfit by the courts.

    Yes this is about kidnapping.
    No, its not about kidnapping at all. Both mom and dad have equal legal rights to the children and therefore neither one of them can be treated as kidnappers. You, on the other hand could possibly be treated as a kidnapper for taking the children away from their mother.


    We (son in law and I) are going to have many questions on different things do I need to start a different thread for each issue?
    No, keep everything in the same thread.

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    One question is I know (or think) until a custody order is in place if I have the kids she can come take them from me. Is there a way to get this overrided till he gets to court? He needs my help. Has no one else to leave the kids with..
    Yes, she can take them from you any time she wants and there is not a danged thing that you can do about it. She could take them from anyone that he leaves them with. Even if he gets primary custody she can STILL take the children from someone he leaves them with.

  5. #5
    Join Date
    Jan 2015
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    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    TE=llworking;860082]Tried to take them to Portland for a visit or tried to move them to Portland. You do realize that you had no right to take her children away from her?

    Tried to move them to Portland with new BF of 3 months. I did not take her children she left them with me for 3.5 weeks. DId I not have a right to let their father have them?


    A parenting plan can very well be the same as a court order if it is signed off on by a judge.

    Awesome! He was told though he just had to have it notarized and filed with the court. This is what I understood anyway.

    It might get even messier and harder if you don't watch what you are doing.

    Yes I understand. That is why I am here. I have used this forum several times for other issues and the folks here have always been very helpful. Of course I have told him he has to get proper legal advice irl.
    .

    Grandma, its important that you understand that what you and I might deem as unfit is highly likely not to be deemed as unfit by the courts.

    Can I explain the what I deem unfit and get your opinion? Preferably in pvt...

    No, its not about kidnapping at all. Both mom and dad have equal legal rights to the children and therefore neither one of them can be treated as kidnappers. You, on the other hand could possibly be treated as a kidnapper for taking the children away from their mother.

    I misspoke. I know it was not legally kidnapping sorry I was talking from emotions.... I did not take her children She left her children in my care for 3.5 weeks. Treated as a kidnapper for giving them to their father?



    No, keep everything in the same thread.

    great

    Yes, she can take them from you any time she wants and there is not a danged thing that you can do about it. She could take them from anyone that he leaves them with. Even if he gets primary custody she can STILL take the children from someone he leaves them with.[/QUOTE]

    When I went through a custody battle with my son my attorney failed to tell me that it could happen even after I got primary custody...thanks!


    - - - Updated - - -

    Sorry about not quoting properly. Been a long time since I used a forum...I will keep trying

  6. #6
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    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Yeah, the quoting thing is annoying.

    Seriously? Leave it alone. You're not helping anybody but yourself and if you keep inserting yourself into a matter that is none of your concern, you're going to screw up your son-in-law's custody matters.

    Leave. It. Alone.

  7. #7
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    Jul 2012
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    So Cal
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    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Honestly? You haven't provided enough information to determine if mom relocating the child could be deemed kidnapping or not.

    Were mom and dad married (I know you said son in law, but I've heard others use that term to refer to a SO's partner when no marriage took place)?

    If so, have they filed for divorce?

    Who is the child living with right now?

    If they have filed for divorce, has the court issued ANY orders with respect to the child?

    If there's a pending custody action, mom's attempt to relocate the child could, in fact, be deemed unlawful and she could be ordered to return the child to SC forthwith.

  8. #8
    Join Date
    Jan 2015
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    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Quote Quoting EA1070a
    View Post
    Honestly? You haven't provided enough information to determine if mom relocating the child could be deemed kidnapping or not.

    Were mom and dad married (I know you said son in law, but I've heard others use that term to refer to a SO's partner when no marriage took place)?

    yes for 12 years


    If so, have they filed for divorce?
    no
    Who is the child living with right now?
    Was with the father for 6 months prior to Sept. She picked them up one day and sent him an email that She was not bringing them back till he did certain things she wanted him to do.
    Took them to NC where new BF was. DSS was called on her and she (with new BF) brought them here for me to pretend they were living here to get DSS to go away. Left them for 3.5 weeks. This when I heard about Portland plans

    If they have filed for divorce, has the court issued ANY orders with respect to the child?
    no
    If there's a pending custody action, mom's attempt to relocate the child could, in fact, be deemed unlawful and she could be ordered to return the child to SC forthwith.
    no pending actions..


    ..

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    Quote Quoting EA1070a
    View Post
    Honestly? You haven't provided enough information to determine if mom relocating the child could be deemed kidnapping or not.

    Were mom and dad married (I know you said son in law, but I've heard others use that term to refer to a SO's partner when no marriage took place)?

    If so, have they filed for divorce?

    Who is the child living with right now?

    If they have filed for divorce, has the court issued ANY orders with respect to the child?

    If there's a pending custody action, mom's attempt to relocate the child could, in fact, be deemed unlawful and she could be ordered to return the child to SC forthwith.
    Quote Quoting Dogmatique
    View Post
    Yes, seriously. In your own words, "The mother (my daughter) tried to take the kids to Portland without the fathers consent. I stopped her by taking the kids to him".

    I realize that you're trying to help your son-in-law. But in my opinion you're going way beyond that. You've inserted yourself a tad too much. Let me ask you a question though.

    Not trying to help the son in law really. Yes I have said I am helping him but what I am trying to do is protect my grandchildren

    If you weren't around, what would he be doing?


    His only family is his grandparents. He does not have the means for an attorney. I will provide that if my daughter takes action against him before she gets help for her issues.


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    Sorry about the messed up posts....This is not about me. It is not about my daughter. It is not about my son inlaw It about my grandchildrens best interest. There is much much more to this then what is in this thread thus far...

  9. #9
    Join Date
    Jan 2015
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    20

    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Seriously? helping myself? Sorry I do not understand. He has his hands tied with 2 little ones and work. Why would getting answers to these questions hurt his case? Not being sarcastic I want to understand..I want to know if it could be considered committed kiddnapping by giving them to him..

  10. #10
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    Default Re: Enforcing an Agreement Not to Take the Children Out of State

    Quote Quoting trishcimh
    View Post
    Seriously? helping myself? Sorry I do not understand. He has his hands tied with 2 little ones and work. Why would getting answers to these questions hurt his case? Not being sarcastic I want to understand..I want to know if it could be considered committed kiddnapping by giving them to him..

    Yes, seriously. In your own words, "The mother (my daughter) tried to take the kids to Portland without the fathers consent. I stopped her by taking the kids to him".

    I realize that you're trying to help your son-in-law. But in my opinion you're going way beyond that. You've inserted yourself a tad too much. Let me ask you a question though.

    If you weren't around, what would he be doing?

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