What is the name of your state? MO/KS
At cjane’s suggestion I am posting this for additional help… I know if she is baffled at this there must to be something wrong.
I am still seeking the return of my 16 yo son after summer break and I am getting very frustrated at the process and events. Court order is in MO. We have joint legal custody. I have sole physical and my address is for mailing and education. My ex lives in KS and has refused to return our son and has enrolled him in other school in KS. That school will not honor my court order for custody and has allowed him to start/attend school. They do not have school records as my school is refusing to transfer records, per the court order.
8/12 Son was supposed to be returned. (Ex returned our 14yo son, but not the 16 yo.) My ex was 5 hours late returning, so I could only charge contempt for being late. He stated that he was not returning our 16yo, but there was nothing I could do until he actually didn’t return him. The sheriff refused to do a stand by to record the time they arrived and the non return of 16 yo, I had to call that in, which I did at 12:05 a.m. on 8/13.
8/14, after receiving advice here, I tried to file for an emergency ex parte order, for the return of my son. The court would not file it as there was no abuse. I went to the sheriff’s office and requested a charge for custodial interference and failure to return. Per MO statute this is a crime, and out of state is a felony. The deputy contacted my ex, and the KS school. My ex basically told him to F-off, and the school said it is not their problem. His attorney then called the deputy and asked if he would hold off filing the police report. The deputy said they would process for a warrant.
8/15 per my previous attorney, I was told I could file a Motion for Family Access without an attorney. I thought they said this would be heard within 15 days, but cannot find anything to confirm that. I also learned, that my ex filed a motion to modify and a request for temporary custody of both our kids that morning.
8/16 I received confirmation that the warrant request was sent to prosecutor’s office.
8/22 I called prosecutor. They did not have anything. I called sheriff again. It was still in the bin. (?) They re-processed and sent it over.
8/23 I received ex’s motion to modify.
8/24 Call from Prosecutor, they are not willing to file charges, because of the motion to modify.
8/29 Ex was served with my motion for family access. I had to call to get this info on 9/6/07. The clerk called the KS sheriff and got info that he was served and paperwork was on it's way.
9/12 I called to inquire about hearing: when and how I would be notified etc. I spoke directly to the judge’s clerk. The first possible date was 10/15. She called my ex’s attorney, and confirmed it all, while I was on the phones.
9/14 Notice of hearing filed by ex’s attorney and their notification that they were “calling up” all motions pending, to be included in the Family Access hearing. Time on this notice is 9:00.
9/18 Notice of hearing from the court… time is 1:30. I was also able to hire an attorney. She laughed at the motion for modification and his "change in circumstance" etc...
9/26 Ex attorney filed Motion for In Camera Interview of the minor children.
9/20 Met with my attorney to finalize answers and counter modification/contempt. My attorney was to file a Motion for Leave to File Out of Time, she said she would fax to my ex’s attorney etc.
9/27 Docket entry for Motion to file out of time.
10/4 Answers filed and she file my counter motion to modify and contempt
10/10 Docket entry: Response to the In Camera interview of the kids filed. (I have not seen this document yet.)
Now today, I have learned that our hearing has been continued to Nov 19th, because of the time mix up.
My attorney says there is nothing I can do. That makes no sense to me. Legally my ex has committed a crime and is getting away with it. My son is “illegally” enrolled in an out of state school and there is nothing I can do about it except wait for court?
It seems to me that someone should be able to make my ex return my son and HE be the one to wait for court. My attorney did say that the judge had requested that we both attend the parenting course that is required… Why can’t the judge “request” or state that my ex is to return our son, and follow the current court order, until the hearing?
I know more info may be required. Please ask specific questions and I'll try to answer. I will also try to find my previous threads and add them here.What is the name of your state?What is the name of your state?
At cjane’s suggestion I am posting this for additional help… I know if she is baffled at this there must to be something wrong.
I am still seeking the return of my 16 yo son after summer break and I am getting very frustrated at the process and events. Court order is in MO. We have joint legal custody. I have sole physical and my address is for mailing and education. My ex lives in KS and has refused to return our son and has enrolled him in other school in KS. That school will not honor my court order for custody and has allowed him to start/attend school. They do not have school records as my school is refusing to transfer records, per the court order.
8/12 Son was supposed to be returned. (Ex returned our 14yo son, but not the 16 yo.) My ex was 5 hours late returning, so I could only charge contempt for being late. He stated that he was not returning our 16yo, but there was nothing I could do until he actually didn’t return him. The sheriff refused to do a stand by to record the time they arrived and the non return of 16 yo, I had to call that in, which I did at 12:05 a.m. on 8/13.
8/14, after receiving advice here, I tried to file for an emergency ex parte order, for the return of my son. The court would not file it as there was no abuse. I went to the sheriff’s office and requested a charge for custodial interference and failure to return. Per MO statute this is a crime, and out of state is a felony. The deputy contacted my ex, and the KS school. My ex basically told him to F-off, and the school said it is not their problem. His attorney then called the deputy and asked if he would hold off filing the police report. The deputy said they would process for a warrant.
8/15 per my previous attorney, I was told I could file a Motion for Family Access without an attorney. I thought they said this would be heard within 15 days, but cannot find anything to confirm that. I also learned, that my ex filed a motion to modify and a request for temporary custody of both our kids that morning.
8/16 I received confirmation that the warrant request was sent to prosecutor’s office.
8/22 I called prosecutor. They did not have anything. I called sheriff again. It was still in the bin. (?) They re-processed and sent it over.
8/23 I received ex’s motion to modify.
8/24 Call from Prosecutor, they are not willing to file charges, because of the motion to modify.
8/29 Ex was served with my motion for family access. I had to call to get this info on 9/6/07. The clerk called the KS sheriff and got info that he was served and paperwork was on it's way.
9/12 I called to inquire about hearing: when and how I would be notified etc. I spoke directly to the judge’s clerk. The first possible date was 10/15. She called my ex’s attorney, and confirmed it all, while I was on the phones.
9/14 Notice of hearing filed by ex’s attorney and their notification that they were “calling up” all motions pending, to be included in the Family Access hearing. Time on this notice is 9:00.
9/18 Notice of hearing from the court… time is 1:30. I was also able to hire an attorney. She laughed at the motion for modification and his "change in circumstance" etc...
9/26 Ex attorney filed Motion for In Camera Interview of the minor children.
9/20 Met with my attorney to finalize answers and counter modification/contempt. My attorney was to file a Motion for Leave to File Out of Time, she said she would fax to my ex’s attorney etc.
9/27 Docket entry for Motion to file out of time.
10/4 Answers filed and she file my counter motion to modify and contempt
10/10 Docket entry: Response to the In Camera interview of the kids filed. (I have not seen this document yet.)
Now today, I have learned that our hearing has been continued to Nov 19th, because of the time mix up.
My attorney says there is nothing I can do. That makes no sense to me. Legally my ex has committed a crime and is getting away with it. My son is “illegally” enrolled in an out of state school and there is nothing I can do about it except wait for court?
It seems to me that someone should be able to make my ex return my son and HE be the one to wait for court. My attorney did say that the judge had requested that we both attend the parenting course that is required… Why can’t the judge “request” or state that my ex is to return our son, and follow the current court order, until the hearing?
I know more info may be required. Please ask specific questions and I'll try to answer. I will also try to find my previous threads and add them here.What is the name of your state?What is the name of your state?
Check with the Law Enforcement office you contacted. I recommend you do so in person - explaining the need for the information is that your X is defying court order & engaging in Parental Interference/Abduction. See what happens there.
