Reporting Kidnapping to DA

[Buddabrother]

What is the name of your state?Texas

My former spouse did not return our child from summer visitation, causing our child to miss 30+ days of school. The former spouse also was keeping our child from contact, hiding locations, and crossing state lines.

This is already in civil court, regarding modification on the existing custody/visitation/CS order, but what is the procedure and criteria the local DA would need in regards to reporting this crime (if a crime is found to have been comitted)?

The reason for the uncertainity is the utter lack of involvement by law enforcement in the return of our child...when I knew of an address, or had a lead on a location, local law enforcement (in Texas and Colorado) wouldn't get involved in a domestic matter...despite detectives taking it upon themselves to help out where they could, as far as investigation on sightings, the actual recovery would have to been made by me.

Also, the Education code in Texas is very specific as to how they treat parents that don't enroll their children in mandatory school...while our child was enrolled in school, the former spouse's refusal to return our child to school is the offense.

1. What does the DA need to bring criminal charges?
2. What does the county truancy officer need to bring charges?
3. Does the ongoing civil court proceedings need to finish first, or can this be concurrant?

Thanks for your time

Education code - http://www.capitol.state.tx.us/statutes/ed.toc.htm
Penal code - http://www.capitol.state.tx.us/statutes/pe.toc.htm

 

[rmet4nzkx]

You should have called the DA as soon as you knew there was a crime comitted in this case parental kidnapping. There are also other interstate acts affecting custody, UCCJA/UCCJEA & PKPA http://www.abanet.org/child/pkprevrem.pdf

 

[Buddabrother]

Thanks for the link, my attorney drafted all of the proposed restrictions into the temporary orders that were submitted at the last hearing, as a precautionary method. Glad to see he's on the ball, reassuring.

Failure to appear at the last temporary orders hearing, and subsequent former spouse's attorney claiming he didn't receive service of the rescheduled hearing has caused delays...that and Hurricane Rita.

Looks like I have a date at the DA's office.