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enforcing custody order

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frusteratedinpa

Guest
What is the name of your state? Pennsylvania
I am so frusterated, I'm not sure where to turn. I've tried calling local attorneys in the yellow pages that allow free consultations and I still haven't been able to find someone to answer my question. Here is the situation: I was awarded sole legal and primary physical custody of my 7 year old son 2 years ago. My ex-husband resides in the state of Maine and moved there shortly before I filed for custody. My concern is this: When my ex-husband and I agree for my son to come visit, I am always worried that he won't bring him home or meet me at our designated location when he is supposed to do so. The court order says my ex can have visitation "as the parties agree". What if he breaks our agreement in regards to the time/place our son is to be brought back? What do I do? Can I call the Maine police? Do I have to somehow apply to enforce the court order in the state of Maine? I need to know what to do should my ex decide that one of these times, he isn't going to return our son. And yes, he is capable of doing this.
 


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coosi

Guest
http://www.deltabravo.net/custody/pkpa.htm

From the site above:

Parental Kidnapping Prevention Act

If a party (such as your ex-spouse) refuses to return your child, you may seek relief under the Parental Kidnapping Prevention Act (PKPA). Contact the local law enforcement authorities and request they assist in the return of the child. If they refuse, insist that they enforce the PKPA Statute. Local law enforcement is bound by law to enforce the PKPA, and it is NOT up to them to selectively enforce it OR to decide the merits of any specific case or situation where the PKPA is applicable.
 
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jez51

Guest
frusteratedinpa said:
The court order says my ex can have visitation "as the parties agree".
I still do not understand the using of this phrase in a court order, it leaves the field wide open for either party to misuse. If it's feasible for you to do, consider modifying the visitation to a set written schedule.....
 
Our order also states 'as the parties agree' however it also states that if no agreement can be reached the standard visitation for our state will apply. That makes the order much more clear.
 
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frusteratedinpa

Guest
Thank you to all who replied. The information regarding the PKPA was very helpful. It is a shame that the use the term "as the parties agree", b/c it really does allow some room for my ex to abuse the court order. I have to find out how I can amend the court order to state specific times of visitation. I can pretty much guarantee that my ex and I will be able to agree to specific visistation times, if not I'd be happy to follow whatever the standard visitation is for my state.
 

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