Parental/Custodial Interference....

[Rushia]

NY

I've been googling and I did some search here, but haven't found what I'm looking for. Is filing for Parental/Custodial Interference something you have to file in family court or this something that you have to press charges for? I can't get ahold of my attorney and I'm looking for more of a general answer, but if more info is needed, I will provide.

 

[BL]

NY

I've been googling and I did some search here, but haven't found what I'm looking for. Is filing for Parental/Custodial Interference something you have to file in family court or this something that you have to press charges for? I can't get ahold of my attorney and I'm looking for more of a general answer, but if more info is needed, I will provide.

Look up PKPA . Different states have different terms .

Go here click on Family Abduction : You can also contact them to send you a free publication . It was very useful to me .

Look at the differences between Civil -V- Criminal .

http://criminaljustice.state.ny.us/missing/i_safety/forms.htm

It would be a criminal offense ( federal ) , and if you have proof contact the DA's Office .

Also , might want to contact missing & exploited Children's local Office .

Note: If it were Parental Kidnapping , it would fall under both Criminal ( law enforcement ) and civil ( family Court ) .

 

[Rushia]

Look up PKPA . Different states have different terms .

Go here click on Family Abduction : You can also contact them to send you a free publication . It was very useful to me .

Look at the differences between Civil -V- Criminal .

http://criminaljustice.state.ny.us/missing/i_safety/forms.htm

It would be a criminal offense ( federal ) , and if you have proof contact the DA's Office .

Also , might want to contact missing & exploited Children's local Office .

Thanks BL, I took a quick look at them and it seems to be abductions mostly. I'll take a closer look later.

My problem is that I know where my children are and I am not able to talk to them. I have repeatedly called a cell and have called the police. They've been gone since Sunday and I've only spoken to them once on Wednesday. The children's father and I have been completely denied contact with our children.

 

[casa]

Thanks BL, I took a quick look at them and it seems to be abductions mostly. I'll take a closer look later.

My problem is that I know where my children are and I am not able to talk to them. I have repeatedly called a cell and have called the police. They've been gone since Sunday and I've only spoken to them once on Wednesday. The children's father and I have been completely denied contact with our children.

The police should make a report, did they?

I'm not certain about NY Rushia, but in CA you file in Family Court...unless it's kidnapping or abduction, then it's Criminal Court.

You AND Dad haven't had contact?? OMG, who are they with?

 

[casa]

The closest I can come up with in NY for this type of parental/custodial interference is the Domestic Tort of "Harboring" (This seems to be the only one which addresses a 3rd party)

Not positive, but I'll let you know if I hear anything else...Have you PMd any of our NY members??

 

[Rushia]

The police should make a report, did they?

I'm not certain about NY Rushia, but in CA you file in Family Court...unless it's kidnapping or abduction, then it's Criminal Court.

You AND Dad haven't had contact?? OMG, who are they with?

I forced under court order to give the children to the gp's for a week of camping. This was an emergency petition filed by them to take the kids. I had told them no as the children were supposed to be going to Vacation Bible school at our church. I knew the VBS dates before I knew the camping trip dates. The judge granted the trip. Mind you, my rights to due process have been violated and now the children's religious rights have been violated. I was given the impression from the gp's that if I called the cell it would let them know (as in vm or a missed call register). I'm getting a recorded message that the suscriber "cannot be located.". I called the police and had a check done and they still refuse me contact with my children. Their father has not heard from them at all. CO or not, they have NO RIGHT to deny us contact with our children.

I'm hoping that I can file a criminal charge as that would be a different judge. The family court one is completely biased.

 

[Rushia]

The closest I can come up with in NY for this type of parental/custodial interference is the Domestic Tort of "Harboring" (This seems to be the only one which addresses a 3rd party)

Not positive, but I'll let you know if I hear anything else...Have you PMd any of our NY members??

LOL, besides me and BL and CandiceH, I'm not sure who is in NY.

 

[casa]

I forced under court order to give the children to the gp's for a week of camping. This was an emergency petition filed by them to take the kids. I had told them no as the children were supposed to be going to Vacation Bible school at our church. I knew the VBS dates before I knew the camping trip dates. The judge granted the trip. Mind you, my rights to due process have been violated and now the children's religious rights have been violated. I was given the impression from the gp's that if I called the cell it would let them know (as in vm or a missed call register). I'm getting a recorded message that the suscriber "cannot be located.". I called the police and had a check done and they still refuse me contact with my children. Their father has not heard from them at all. CO or not, they have NO RIGHT to deny us contact with our children.

I'm hoping that I can file a criminal charge as that would be a different judge. The family court one is completely biased.

Your parents or his? If yours, I hope your leaving them a curt msg. If his, HE should be leaving them a curt msg.

OK, when the police checked, were they home? Did they contact them at all? I ask, bc it's possible GPs don't have cellphone reception. (Happened to me camping last weekend & really rattled my cage)

Since you have a Court Order to enforce, you can file Contempt of Court Order first thing Monday morning. I think whichever of your parents has the children- they should be the one to file it and the other parent provide witness/testimony/declaration.

It's been 2 days since you talked to them now...how much time usually lapses? Is this unusual behavior, or is this an ongoing pattern?

 

[casa]

funny side-note to lighten your spirits: According to your tagline, you now tie with me!

 

[Rushia]

Your parents or his? If yours, I hope your leaving them a curt msg. If his, HE should be leaving them a curt msg.

OK, when the police checked, were they home? Did they contact them at all? I ask, bc it's possible GPs don't have cellphone reception. (Happened to me camping last weekend & really rattled my cage)

Since you have a Court Order to enforce, you can file Contempt of Court Order first thing Monday morning. I think whichever of your parents has the children- they should be the one to file it and the other parent provide witness/testimony/declaration.

It's been 2 days since you talked to them now...how much time usually lapses? Is this unusual behavior, or is this an ongoing pattern?

I'm unsure about reception. Sometimes it's there and sometimes it's not. It is my ex's father and his stepmother who have the children (Another lovely side note. Step gp's have no standing, yet here she is with a camping order). The order simply says they can have kids for camping from last Sunday to this Sunday. However, I am the parent, and I do not believe that they can withhold my children from talking with me. I made it clear that they were to call every night as the children were scared and upset, they didn't want to go. They did call me 2 hours after I dropped them off last Sunday, upset and crying. They haven't gone camping with them for this long before. Couple of days that's it. Biased Judge......

 

[casa]

I'm unsure about reception. Sometimes it's there and sometimes it's not. It is my ex's father and his stepmother who have the children (Another lovely side note. Step gp's have no standing, yet here she is with a camping order). The order simply says they can have kids for camping from last Sunday to this Sunday. However, I am the parent, and I do not believe that they can withhold my children from talking with me. I made it clear that they were to call every night as the children were scared and upset, they didn't want to go. They did call me 2 hours after I dropped them off last Sunday, upset and crying. They haven't gone camping with them for this long before. Couple of days that's it. Biased Judge......

I'm sorry Rushia I wouldn't wish this worry upon anyone.

Now, I'm going to say some things I hope you take for only what they mean... this is what I try to explain to LdiJ about Judicial Discretion...it happens & it's not always understandable to all parties involved, but <I believe> it's what the Judge/Court believes is in the Child's Best Interest.

In this specific situation, this behavior is NOT Right. Please don't misunderstand that...but this is a PRIME example of why Court Orders can help you~ because you can document & prove (via phone records) the attempts to contact, etc. IF it's reception, well, you could sound petty. ie; you knew gma/gpa were taking them camping, you talked to them yesterday, etc....but also it can also clearly demonstrate that gma/gpa are harboring your child. ie; why did they not just return the call?? (Then we get into what, exactly your verbiage says in the CO).

Just voicing both sides~ Knowing you, you appreciate that.

 

[BlondiePB]

Location: are those flames?!!!

Your flames can been seen all the way down here, Rushia.

P.S. Love your new tag line.

 

[milspecgirl]

unless the co stated they were to have contact, then they really have done nothing wrong. They got the kids for a week. Until they don't bring them home sunday. I can understand how you are feeling as my niece is going thru the same type of thing with gp right now too. But, in your case, there is an enforceable court order. The kids dad needs to call the cellphone and leave a stern msg. When they come home sun, mention that you had been trying and trying to contact them and were very worried. Next time they get a co, make sure it lists contact times so they will be in violation.

 

[BL]

Thanks BL, I took a quick look at them and it seems to be abductions mostly. I'll take a closer look later.

My problem is that I know where my children are and I am not able to talk to them. I have repeatedly called a cell and have called the police. They've been gone since Sunday and I've only spoken to them once on Wednesday. The children's father and I have been completely denied contact with our children.

Sorry Russia , I can imagine what you and the kids are going through .

I'm giving the facts , If you look and read further , and if it is not in the court order for contact , there is no criminal or civil contempt or interference , and certainly not with the visit , at this point .

You'll be so glad when they come home .

How on earth did the get an Emergency visit , and for a whole week ?

This is not harboring within the law as defined by kidnapping .

Harboring is from the taking and keeping against a court order ( like a no removal from the state ) and hidding the children , or by a stranger .

Keep trying the phone , hopefully you'll get through .

My case with my X was about Parental interference and harboring , although I didn't know the Criminal Law then ( the SOL ran out to file ) , but criminal and civil is mention from the trial .

 

[Rushia]

I'm sorry Rushia I wouldn't wish this worry upon anyone.

Now, I'm going to say some things I hope you take for only what they mean... this is what I try to explain to LdiJ about Judicial Discretion...it happens & it's not always understandable to all parties involved, but <I believe> it's what the Judge/Court believes is in the Child's Best Interest.

In this specific situation, this behavior is NOT Right. Please don't misunderstand that...but this is a PRIME example of why Court Orders can help you~ because you can document & prove (via phone records) the attempts to contact, etc. IF it's reception, well, you could sound petty. ie; you knew gma/gpa were taking them camping, you talked to them yesterday, etc....but also it can also clearly demonstrate that gma/gpa are harboring your child. ie; why did they not just return the call?? (Then we get into what, exactly your verbiage says in the CO).

Just voicing both sides~ Knowing you, you appreciate that.

i don't believe a court order is necessary. My children are not subject to one between the father and myself. We believe that we ARE working in the best interest of the children. This CO does nothing more than force my children to do things they don't want to do. I shouldn't have to ask the gp if it's OK for my son to go to a Boyscouting activity. I firmly believe that a court order protects noone but the gp.

However, I can see it from your angle. Sometimes parents are just jerks. I am not. My children should not be subjected to coaching that their stepfather is beating them. They should not be forced to play with a cousin who abused them. Spend time with a woman who HAS threatened to run off with them. etc etc....This is all evidence/testimony that I have yet been able to present. The judge is just giving them what they ask for with no testimony from me.