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Sent kids for summer visit - received summons back instead of kids

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What is the name of your state? WA has jurisdiction.

Original divorce orders decree joint physical and legal custody, parenting plan was filed. No lawyers the first time around, everything was amicably agreed upon beforehand by both of us and we merely had the judge sign off on it. Divorce granted in 2001 in WA state. For the last five years we haven't paid any mind to the decree, if anything came up we called each other, talked it over and decided between us what would work best. Children have spent most of the last two years with me; two years ago children with me during week and visited their father on weekends, last half of the school year children with father, as soon as school let out children came to me for one full calendar year. They were to visit their father for the summer and come back to me for the school year but on August 25 I was summoned from out of state for a custody modification hearing instead. I'm supposing this was planned as they received the children on July 1 and by July 9th were filling out declarations and July 12th having the children tested at Sylvan Learning Center.

Their arguments are abandonment, educational neglect, medical abuse and refusal to mutually cooperate. Their hard evidence is the aforementioned test from the Sylvan Learning Center - children were tested for reading only - and a photo. My daughter (9) tested average or above average in everything except speed, my son (7) tested appropriately for age (I couldn't figure out what the tests meant but the results said at age level). This was the only such comprehensive placement test they've ever taken so there is no earlier baseline test with which to compare this one. Their father claims that because they were homeschooled last year they have fallen severely behind. The photo is intended as evidence of having head lice "for several months" (to quote) with oozing, bleeding sores, thus the medical abuse claim. The photo's subject cannot be identified, it shows only a close-up of fingers parting the hair on an assumably human scalp with what seems to be a small pinprick scab on the scalp. No medical report accompanies this to confirm who the subject is or that a physician has examined them and confirms the presence of these "oozing, bleeding sores". There is nothing additional accompanying the photo which would identify the subject - one is left to assume it is one or another of my children. Other than these two things their evidence is in the form of declarations from their father, his new wife, his aunt, his mother and his grandmother. Declarations state in general all sorts of things the children supposedly told them this summer, including that they don't want to go back to Mom's house and they want to live with their Dad instead, and all the usual things one would expect (they heard my husband beats the children with belts, my house is filthy, they have a low opinion of my character, I pay no attention to the children, the father's a right stand-up guy who should have full custody) in addition to claiming that I haven't seen or called the children in five to seven years, depending on which declaration you're reading. His relatives haven't seen me nor spoken to me since before the divorce, have never met my husband and their father himself has only been to my house once in recent years.

In addition, they filed for an ex parte restraining order last week. I made a visit to the school where they have enrolled the children. My visit was for an appointment with my eldest's (not one of the children involved here) former teachers; the appointment was arranged by the teacher and I showed up at the time she specified. By the time I was leaving, my ex had called the cops and claimed I was trying to steal the children from school. I haven't been served with anything on this restraining order yet and it has not been entered as a permanent order.

Now, first things first. My goal is to get my children back and keep this sort of fiasco from ever happening again. I do have an attorney. There is an adequate cause hearing scheduled for next Tuesday at which my attorney assures me the case won't have time to be heard, we are too far down on the docket, but that we should be high enough on the docket that we will have priority for the following Tuesday. She is certain that we will get a dismissal for lack of adequate cause once this makes it to a judge. Do you agree? If we do get a dismissal, I highly doubt they will simply concede defeat and return the children - I'm of the opinion that I'll have to get something official stating they come back to me before their father will actually turn them over. Do you agree? If so, what do you think ought to be filed to ensure the return of the children to my custody?

Next, the restraining order. The hearing on that is the same day as the hearing for adequate cause - which my attorney doubts will be heard - so she thinks the judge won't rule on it until something gets heard on the adequate cause hearing. Do you agree? How would you recommend getting that order lifted ASAP? How do you think this temporary order and the circumstances leading up to it will affect the judge, either negatively or positively?

There's lots of other things I want to ask but I wasn't certain whether to start seperate threads or chuck all my details into one behemoth post, so I'll leave it at that for now. Thank you in advance.
 


weenor

Senior Member
ChiliPalmer said:
What is the name of your state? WA has jurisdiction.

Original divorce orders decree joint physical and legal custody, parenting plan was filed. No lawyers the first time around, everything was amicably agreed upon beforehand by both of us and we merely had the judge sign off on it. Divorce granted in 2001 in WA state. For the last five years we haven't paid any mind to the decree, if anything came up we called each other, talked it over and decided between us what would work best. Children have spent most of the last two years with me; two years ago children with me during week and visited their father on weekends, last half of the school year children with father, as soon as school let out children came to me for one full calendar year. They were to visit their father for the summer and come back to me for the school year but on August 25 I was summoned from out of state for a custody modification hearing instead. I'm supposing this was planned as they received the children on July 1 and by July 9th were filling out declarations and July 12th having the children tested at Sylvan Learning Center.

Their arguments are abandonment, educational neglect, medical abuse and refusal to mutually cooperate. Their hard evidence is the aforementioned test from the Sylvan Learning Center - children were tested for reading only - and a photo. My daughter (9) tested average or above average in everything except speed, my son (7) tested appropriately for age (I couldn't figure out what the tests meant but the results said at age level). This was the only such comprehensive placement test they've ever taken so there is no earlier baseline test with which to compare this one. Their father claims that because they were homeschooled last year they have fallen severely behind. The photo is intended as evidence of having head lice "for several months" (to quote) with oozing, bleeding sores, thus the medical abuse claim. The photo's subject cannot be identified, it shows only a close-up of fingers parting the hair on an assumably human scalp with what seems to be a small pinprick scab on the scalp. No medical report accompanies this to confirm who the subject is or that a physician has examined them and confirms the presence of these "oozing, bleeding sores". There is nothing additional accompanying the photo which would identify the subject - one is left to assume it is one or another of my children. Other than these two things their evidence is in the form of declarations from their father, his new wife, his aunt, his mother and his grandmother. Declarations state in general all sorts of things the children supposedly told them this summer, including that they don't want to go back to Mom's house and they want to live with their Dad instead, and all the usual things one would expect (they heard my husband beats the children with belts, my house is filthy, they have a low opinion of my character, I pay no attention to the children, the father's a right stand-up guy who should have full custody) in addition to claiming that I haven't seen or called the children in five to seven years, depending on which declaration you're reading. His relatives haven't seen me nor spoken to me since before the divorce, have never met my husband and their father himself has only been to my house once in recent years.

In addition, they filed for an ex parte restraining order last week. I made a visit to the school where they have enrolled the children. My visit was for an appointment with my eldest's (not one of the children involved here) former teachers; the appointment was arranged by the teacher and I showed up at the time she specified. By the time I was leaving, my ex had called the cops and claimed I was trying to steal the children from school. I haven't been served with anything on this restraining order yet and it has not been entered as a permanent order.

Now, first things first. My goal is to get my children back and keep this sort of fiasco from ever happening again. I do have an attorney. There is an adequate cause hearing scheduled for next Tuesday at which my attorney assures me the case won't have time to be heard, we are too far down on the docket, but that we should be high enough on the docket that we will have priority for the following Tuesday. She is certain that we will get a dismissal for lack of adequate cause once this makes it to a judge. Do you agree? If we do get a dismissal, I highly doubt they will simply concede defeat and return the children - I'm of the opinion that I'll have to get something official stating they come back to me before their father will actually turn them over. Do you agree? If so, what do you think ought to be filed to ensure the return of the children to my custody?

Next, the restraining order. The hearing on that is the same day as the hearing for adequate cause - which my attorney doubts will be heard - so she thinks the judge won't rule on it until something gets heard on the adequate cause hearing. Do you agree? How would you recommend getting that order lifted ASAP? How do you think this temporary order and the circumstances leading up to it will affect the judge, either negatively or positively?

There's lots of other things I want to ask but I wasn't certain whether to start seperate threads or chuck all my details into one behemoth post, so I'll leave it at that for now. Thank you in advance.

We really need to know what the current order says about custody and visitation. I realize that you haven't been following it, but what the order says will determine where to go from here. Please note that from you've posted the judge is requiring hearing and has not issued new orders so there is no ex parte order.
 
weenor said:
We really need to know what the current order says about custody and visitation. I realize that you haven't been following it, but what the order says will determine where to go from here.
Order entered in 2001 stated children will transfer households on the first and third week of every month on Saturday at 3PM. No primary parent was listed, every other entry stated "determined by parents" or "joint custody" (such as the entry for who pays for transportation costs and who has winter vacation, respectively). Sorry about that, hope it's more helpful.

Please note that from you've posted the judge is requiring hearing and has not issued new orders so there is no ex parte order.
Ex parte order has been signed by a judge and cover sheet supplied to local police. The hearing is to determine whether the temporary order should be made permanent. (Not that I disagree with you - I haven't been served on this yet and I don't believe restraining orders can be valid without service of restrained party? But anyhow, I don't particularly care to try that theory out when an "oops" means I sit in jail.)
 

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