My "ex" took the kids out of state without permission

[LdiJ]

Yes, the petition was signed by the judge, and is in legal standing, however, nothing was submitted to the courts by her to take/move the children out of the state of Wisconsin. The petition for divorce was signed in October of 2003, this is the document that was signed by the judge and states all the custody and visitation guidelines. I've tried numerous times previous to this to try to bring them back, and I keep getting this run around. She's in contempt of court! Isn't that enough to at least have her tried in court? I know I need an attorney but I CAN'T afford one. The minimum retainer fee is $5,000 and I just don't have it! Because she quit making the house payments ($6,000 worth) the house went into forclosure and my credit is shot! So a loan is out of the question too.

Let me try to clarify a point I was trying to make. She isn't required to submit something to the court regarding the move if you are/were in agreement to the move. Sometimes a lack of action for a specific period of time implies agreement. That is why I keep asking...WHEN did you first take legal action to challenge the relocation? Writing letters doesn't count. When did you first file an official petition of contempt with a request to force her to return the children to WI?....and what action did the judge take in reference to that petition? Did mom challenge jurisdiction?

 

[jimrhonda]

If you pick them up and return them to WI immediatly file in the court tor full custody and make reference to all the previous contempt filings etc, which should be considered even though the children have been out of WI for 15 months. Do as ordered by the court.

I'm planning on doing that once I get them up here, but what do I do when/if she comes and gets them? Can I refuse her to take them with her because she's taking them back out of state again? I'm afraid that if things get too hot for her, that she might take off with the kids and then I won't know where they are, and might never see them again. Her mother even called me and told me that I need to get the kids away from her, because she(her own mother) doesn't trust what she might do.

 

[jimrhonda]

Let me try to clarify a point I was trying to make. She isn't required to submit something to the court regarding the move if you are/were in agreement to the move. Sometimes a lack of action for a specific period of time implies agreement. That is why I keep asking...WHEN did you first take legal action to challenge the relocation? Writing letters doesn't count. When did you first file an official petition of contempt with a request to force her to return the children to WI?....and what action did the judge take in reference to that petition? Did mom challenge jurisdiction?

The first submission was right after she told me that she was staying there.....April 2004. We both received a letter from the family court commissioners office stating that she had to write a petition to the courts for permission to move there with the kids, and I had to sign it and agree. She never filled out the petition to the courts because it also required a filing fee that she didn't want to pay. Everytime I have called the court commissioner, they say everything has to be in writting in order for it to be considered as submissable to the courts. So needless to say, I have written a letter to them every month.

 

[rmet4nzkx]

I'm planning on doing that once I get them up here, but what do I do when/if she comes and gets them? Can I refuse her to take them with her because she's taking them back out of state again? I'm afraid that if things get too hot for her, that she might take off with the kids and then I won't know where they are, and might never see them again. Her mother even called me and told me that I need to get the kids away from her, because she(her own mother) doesn't trust what she might do.

Since she removed the children form the state in violation of the agreement filed with the court and for which you already filed contempt motions and involved other legal options, DHS and GAL etc. you took timely action. Once you have the child in your possession and obtain a valid court order, you and she must abide by that order, so after you get the order you will have the answer to that question. I suggest that since she is a flight risk, that when you petition for custody you also petition to limit visitation to supervised visitation only and a court certified site, not your or a relatives home. You can also get a restraining order against her for any other than court approved contact.

 

[jimrhonda]

Since she removed the children form the state in violation of the agreement filed with the court and for which you already filed contempt motions and involved other legal options, DHS and GAL etc. you took timely action. Once you have the child in your possession and obtain a valid court order, you and she must abide by that order, so after you get the order you will have the answer to that question. I suggest that since she is a flight risk, that when you petition for custody you also petition to limit visitation to supervised visitation only and a court certified site, not your or a relatives home. You can also get a restraining order against her for any other than court approved contact.

THANKS MUCH! You've been a great help! One more question..do you happen to know how long it may take for the action to be put itno effect...I only have the kids for 4 weeks! Can they do a temporary action?

 

[LdiJ]

Ok....I am giving up on this thread. I think that its possible that he is not getting accurate advice. I think its possible that he never officially "challenged" her move by filing an actual petition for contempt....or that he spent a long time simply "writing letters"...which did nothing for him.... before he actually filed the petition...possibly too late.

If that is the case, then mom's move could be valid at this point and that would mean that much of the advice that he is getting here isn't. Which means he could take action that would do him more damage than good.

However since I can't get him to answer a direct question I give up.

He would be wise to find some way to get himself an attorney...otherwise I fear the outcome won't be good for him.

 

[stealth2]

I have to concur.

 

[rmet4nzkx]

THANKS MUCH! You've been a great help! One more question..do you happen to know how long it may take for the action to be put itno effect...I only have the kids for 4 weeks! Can they do a temporary action?

Yes courts make tempoary and emergency orders, since you ave not answered any questions about the current orders, you must get legal assistance. As soon as you have the children back in WI notify the courts and the GAL.