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Mother took child from OH to MI - custodial interference?

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4mykids75

Junior Member
Ohio
My ex wife and I were divorced in December 2013; during our divorce I had full custody of the two children because she was using drugs and was awaiting a hearing for domestic violence & assault charges.

I live in Ohio where I filed for the divorce, my ex moved to Michigan after I filed. Ohio has the jurisdiction. The children had a Guardian ad litem; the guardian ONLY recommended a shared parenting plan if my ex moved back to Ohio and lived in the same county. She hates Ohio and wanted to be in Michigan where she has spent her whole life I agreed to it like an idiot so we have 50/50 legal & physical custody. The children would stay week with me week with her.

After 4 months she called the police in Ohio and CPS in Ohio and said I was sexual a assaulting the children 100% false. She said this has been going on for months. She never took the children to the hospital or doctors here in Ohio. When CPS in Ohio tried to interview my children they were so upset and wouldn't talk to the CPS workers, my ex was telling the children if you tell the lady what I told you to tell them I will by you candy!! Still said nothing! (The CPS worker told me this information). CPS tried to set up another time to interview my children but my ex called them back and said she moved to Michigan with my children. she didn't file ANYTHING with the court to move.

My ex waited 3 weeks then took them to an urgent care in Michigan calming I assaulted the children, they did an exam and said they didn't see anything and she should take them to the ER for an evaluation. She waited 3 more days to do that! Then the exam came back normal from the ER NOTHING wrong with my children.

We finally after 30 days and filing many motions with the court got her & the children back to Ohio for an emergency hearing. She was telling the court the children were scared & terrified to be around me, the Magistrate ordered her to turn the children over to me and I had to have my mom supervise my visits until CPS in Ohio could finish the investigation and was ordered to stay in OHIO. When my children seen me at the court after they got off the elevator they RAN to me screaming daddy!! They both hugged me and wouldn’t let me put them down. They told me “my mom said I was never going to see you again & we don’t want to go back with her, we want to live with you!

The CPS worker reviewed the medical records from the urgent care & the ER I had to drive to Michigan to pick them up. Ohio CPS did complete forensic interviews on my children and said NO DISCLOSURE OF ABUSE OR SEXUAL abuse. I enrolled my oldest child into counseling at the CPS workers recommendation; my ex was pissed wanting to know why our child was in counseling!

After many continuances filed by her attorney we finally got another hearing in court. I still had supervised visits and after 3 months she called CPS & the police and said I was sexually assaulting the children again. CPS finally said ONCE and for all we are sending the children to the child advocacy center for a full physical exam and another forensic interview. Once again physical exam came back perfectly normal, they said NO signs of sexual abuse, no scars, tears, rips etc. & the forensic interview again NO disclosure of any abuse the interviewer even asked both children point blank "does your daddy touch you here (private ares) both children said NO.

We got to our next hearing about 2 weeks ago and the guardian’s recommendation after he caught my ex in a ton of lies and I was cleared of ANY wrong conduct with my children was that I have sole physical & legal custody of our children and my ex would have ONLY supervised visits with a court appointed person.

The trial is now continued Until November for the final two days, my ex's attorney told my ex to prepare herself for the fact that I was going to end up with full custody & she was going to get supervised visits & pay support based on the CPS workers testimony, guardian recommendations & the proof I have. I was to pick up my children this past Friday when I arrived the neighbor said my ex wife and her grandparents from Michigan emptied out her apartment and they all fled to Michigan with my children at 11:30pm the night before (Thursday)! Now I have to start filing emergency motions all over again.

Can my ex and her grandparents be charged with anything? what is the best way to get my children back! My ex is bi polar & using drugs. I even have her mother, stepfather, Brother & sister backing me that I need to have custody.
 



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