A Question About Enforcing Out-Of-State Custody Orders. Thank you.

[Kane]

What is the name of your state? Missouri.

My brother's ex-wife served him with papers saying she would be moving to Arizona, and taking their child with her. He hired a lawyer and filed papers with the court opposing the move.

She came to his house to get the child, and he told her he wouldn't turn the child over unless she agreed not to take the child out of the state. She refused, and called the police. The police told him to turn the child over, and he did.

She's now in AZ (he believes). It's now my brother's visitation time, but he doesn't know where his son is (yet).

My question is this: How does one go about enforcing custody orders out of state?

If he shows up with Missouri court papers, will the AZ police help him so he can get the child and bring him back to Missouri?

 

[HomeGuru]

Are you the WWE wrestler that just unmasked?

 

[CMSC]

I am going to move your thread up to the top so that someone named BLCM can give you a REAL answer.

I swear, you all take drugs at night or something, have any REAL advice to offer Home Guru?

 

[Kane]

HomeGuru: are all twenty-six thousand of your posts that funny?

 

[Kane]

I'm doing some research tonight. It looks like 1.) the AZ courts are supposed to enforce the MO court's orders, and 2.) if he goes and makes use of self-help (my initial idea) he could get into trouble himself.

But I'm not sure how realistic the idea of him going to an AZ court for enforcement really is, though. If he has to start a new legal process in AZ to get enforcement there, I don't see what's to stop her from moving on again.

 

[Whyte Noise]

OK, I just had to answer this one

Ryry's you know me so well.

OK, other than the fact I think Kane (the wrestler) is so fine he should be illegal in 5 states....

All states are to enforce another state's custody orders. Now, the problem lies in that most states don't even enforce their OWN visitation orders, much less another states. When you call the police, they are quick to tell you "It's a civil matter. Take it to court."

...UNLESS... it's the CP needing the police enforcement of the order. Which is apparently what she did here in Missouri. She had the papers showing she was the CP, and that it was HER custody time, and the officers enforced it. Of course, Missouri also has that little statute that can be added into all orders that directs the sheriff or other law enforcement officers to enforce the order. If they don't then THEY are held liable.

What he should do, first of all, is file contempt for visitation interference here in Missouri since Missouri is the court that still has jurisdiction over this matter. Second thing he can do, is file in AZ to register the decree there. When that happens, AZ is to enforce the Missouri degree like it's one of their own, issued in a court in their state.

Did she give him the 60 day written notice required by Missouri Law? It should have been sent to him CRRR. If not, have him check his parenting plan (not sure how old his is...) and see if the statutory wording is in it. In all PPlans here in Missouri, that is to be added as a provision. If his has it, and she didn't give him the REQUIRED notice (CRRR with the items the statute provides the CP give) he can also get her on contempt for that as well.

Hope this helps give him a place to start.

Heh... and Kane (or rather, the person that portrays him) is from Missouri... went to school in Bowling Green actually.

 

[fried eggs]

HomeGuru: are all twenty-six thousand of your posts that funny?

Naw, 25% aren't funny at all and another 25% are hilarious!

 

[Kane]

Re: OK, I just had to answer this one

Ryry's you know me so well.

OK, other than the fact I think Kane (the wrestler) is so fine he should be illegal in 5 states....

All states are to enforce another state's custody orders. Now, the problem lies in that most states don't even enforce their OWN visitation orders, much less another states. When you call the police, they are quick to tell you "It's a civil matter. Take it to court."

...UNLESS... it's the CP needing the police enforcement of the order. Which is apparently what she did here in Missouri. She had the papers showing she was the CP, and that it was HER custody time, and the officers enforced it. Of course, Missouri also has that little statute that can be added into all orders that directs the sheriff or other law enforcement officers to enforce the order. If they don't then THEY are held liable.

What he should do, first of all, is file contempt for visitation interference here in Missouri since Missouri is the court that still has jurisdiction over this matter. Second thing he can do, is file in AZ to register the decree there. When that happens, AZ is to enforce the Missouri degree like it's one of their own, issued in a court in their state.

Did she give him the 60 day written notice required by Missouri Law? It should have been sent to him CRRR. If not, have him check his parenting plan (not sure how old his is...) and see if the statutory wording is in it. In all PPlans here in Missouri, that is to be added as a provision. If his has it, and she didn't give him the REQUIRED notice (CRRR with the items the statute provides the CP give) he can also get her on contempt for that as well.

Hope this helps give him a place to start.

Heh... and Kane (or rather, the person that portrays him) is from Missouri... went to school in Bowling Green actually.

Thank you. She did send him the sixty day notice, and he filed within thirty days (although it took a while longer to get it served. She said that meant it didn't count.)

Hopefully the MO judge will look as poorly on what she's doing here as I do, and maybe he'll change the custody arrangements in my brother's favor.