Return of property question

[waiting_game]

What is the name of your state (only U.S. law)? TN
I have sole custody of my 4 year old daughter. I let her go visit her father and he refused to let her come home. I was able to get her home with the help of the sherrifs office but her father has the items that I packed for her one week stay and he refused to give them back.
It's a large dvd case of all her movies and games, 3 pairs of shoes, a backpack of clothing a backpack of toys as well as a few of her favorite toys.
Is there anything I can file or have my lawyer file to get those items returned, since I don't have the extra money to replace them? He lives 5 hours away(each way) and says if I come there he will give them back but I have no guarantee that he will once I get there. It would be cheaper if I could pay him to mail them but I again, really don't have the extra money to do that or the assurance that he will mail them if I do pay him to.
Thanks

 

[cosine]

Ask your lawyer to file a request/motion with the original divorce court to amend the order to remove his visitation rights until he (1) returns the property and (2) agrees under penalty of imprisonment to not steal his daughter's property again in the future. Your lawyer should know if this is feasible or possible.

 

[waiting_game]

what if....

he already doesn't have visitation?

 

[sandyclaus]

he already doesn't have visitation?

Then it begs the question why you would have even allowed your daughter to visit with him in the first place.

How about a simple solution to this problem? Since you don't anticipate having her visit him again anytime soon (since he doesn't have visitation rights, that shouldn't be hard to prove), why not just contact the local law enforcement and have them escort you to the father's home to collect her things? Seems to me the father would have no reason to hold onto them now (since the daughter won't be visiting) and if he balks at handing them over to you in the presence of a law enforcement officer, then they could feasibly arrest him for theft (or some similar criminal act that is more appropriate here).

 

[SuperLitigator]

he said he would give them to her if in person

Then it begs the question why you would have even allowed your daughter to visit with him in the first place.

How about a simple solution to this problem? Since you don't anticipate having her visit him again anytime soon (since he doesn't have visitation rights, that shouldn't be hard to prove), why not just contact the local law enforcement and have them escort you to the father's home to collect her things? Seems to me the father would have no reason to hold onto them now (since the daughter won't be visiting) and if he balks at handing them over to you in the presence of a law enforcement officer, then they could feasibly arrest him for theft (or some similar criminal act that is more appropriate here).

So go in person (yes, 10 hrs) alone or with an adult friend, collect her stuff (call the cops if he doesnt) and go back home, lesson learned.

How long was she at her father's 3 months?? Next time only let her take what you can afford to loose (1 movie, 1 game), if you want to let the child see her father again.

You are willing to spend thousands on a lawyer to save yourself a 10 hour drive? Think about it.

You picked a winner there.