General question/Child Abduction

[aleayh01]

What is the name of your state? GA

Hi all, I love this website. I know I've posted a couple of threads and received great advice from the senior members. I have a general question: what can a cp do if a ncp parent decided not to return the child after a scheduled visitation? If the cops are called can they get involved in a civil matter? This hasn't happened to me , I'm a cp. Just wanted to know in case it ever happened to me.

Thanks

 

[BL]

What is the name of your state? GA

Hi all, I love this website. I know I've posted a couple of threads and received great advice from the senior members. I have a general question: what can a cp do if a ncp parent decided not to return the child after a scheduled visitation? If the cops are called can they get involved in a civil matter? This hasn't happened to me , I'm a cp. Just wanted to know in case it ever happened to me.

Thanks

I don't know your State specific answers , but since it's a general question , i''l answer generally .

It would depend on the orders .
What specifically the orders say .

It would also depend on the Laws of the State .

Also , it would depend on if the occurrence is in the same State , or different State.

It may , depending on the orders and State Law rise to the level of criminal custodial interference , over State lines .
That would require a police report , and would be a federal offense .

For civil , either the police would instruct the ncp to turn over the child(ren) , or if they won't , one would file civil custodial interference contempt .

The ncp could face incarceration .

Perhaps get an emergency hearing .

Generally you could call the police , with your orders in hand , and have them meet you to pick up the child(ren) .

These are general answers .

 

[aleayh01]

I don't know your State specific answers , but since it's a general question , i''l answer generally .

It would depend on the orders .
What specifically the orders say .

It would also depend on the Laws of the State .

Also , it would depend on if the occurrence is in the same State , or different State.

It may , depending on the orders and State Law rise to the level of criminal custodial interference , over State lines .
That would require a police report , and would be a federal offense .

For civil , either the police would instruct the ncp to turn over the child(ren) , or if they won't , one would file civil custodial interference contempt .

The ncp could face incarceration .

Perhaps get an emergency hearing .

Generally you could call the police , with your orders in hand , and have them meet you to pick up the child(ren) .

These are general answers .

Thanks for the response.

 

[casa]

What is the name of your state? GA

Hi all, I love this website. I know I've posted a couple of threads and received great advice from the senior members. I have a general question: what can a cp do if a ncp parent decided not to return the child after a scheduled visitation? If the cops are called can they get involved in a civil matter? This hasn't happened to me , I'm a cp. Just wanted to know in case it ever happened to me.

Thanks

It would be considered Parental Kidnapping/Abduction (depending on state).

IF that happened (the fact that it has not happened & You, as CP are asking, raises my Curiosity)...you would contact police, with your Court Order in hand, and a Parental Kidnapping/Abduction alert would go out.

Do you think your X will take your kids?

 

[aleayh01]

It would be considered Parental Kidnapping/Abduction (depending on state).

IF that happened (the fact that it has not happened & You, as CP are asking, raises my Curiosity)...you would contact police, with your Court Order in hand, and a Parental Kidnapping/Abduction alert would go out.

Do you think your X will take your kids?

Yes, I think he would take our son. He is very upset at the parenting and custody order that the judge gave him

 

[nextwife]

You can't deny court ordered access because you THINK he MIGHT do something.

 

[aleayh01]

You can't deny court ordered access because you THINK he MIGHT do something.

who said anything about DENYING him to see his son. He gets him on his visiting days. I just said I think he will one day take our son and not return him because of the visiting and custody order. He has told me he would do such

 

[CJane]

You can't deny court ordered access because you THINK he MIGHT do something.

Did I miss the part of her post where she asked if she COULD withhold access?

I thought it was pretty clear that she was asking about recourse IF this happened.

 

[aleayh01]

Did I miss the part of her post where she asked if she COULD withhold access?

I thought it was pretty clear that she was asking about recourse IF this happened.

THANK YOU CJANE!

 

[NotClueless]

The police generally won't get involved in a 'civil' issue. You would need to get an ex parte order from the judge that would order your X to return your child. With one of those in hand, then the police will help you. If he still refuses to turn the child over, the judge can then issue a warrant for his arrest.

 

[aleayh01]

The police generally won't get involved in a 'civil' issue. You would need to get an ex parte order from the judge that would order your X to return your child. With one of those in hand, then the police will help you. If he still refuses to turn the child over, the judge can then issue a warrant for his arrest.

So while waiting for all this to happen with the courts, my ex can still remain with our child beyond his visitation time?

 

[NotClueless]

So while waiting for all this to happen with the courts, my ex can still remain with our child beyond his visitation time?

Unfortunately, yes. 'Twas my experience this summer. Most unpleasant. I'm still paying on the $3500 it cost me to retrieve the child; there is an order to be reimbursed. I'm still waiting.

 

[NotClueless]

Your X may be just blowing smoke. He's upset that things did NOT go his way in court. I've said that talk is cheap. That's not to say that you should be careless.

The key is to document, document, document. Keep a log of dates of visits, comments, conversations, etc.

 

[aleayh01]

Unfortunately, yes. 'Twas my experience this summer. Most unpleasant. I'm still paying on the $3500 it cost me to retrieve the child; there is an order to be reimbursed. I'm still waiting.

WOW! I Thought if someone violated a court order, they would be held in contempt. I didn't know you would have to pay for someone's evil behavior.

 

[NotClueless]

WOW! i Thought if someone violated a court order, they would be held in contempt. idnt know you would have to pay for someone's evil behavior.

My X and I have a big history. The judge doesn't ever want to see us again. Personally, I would rather not. Unfortunately, I'm sure we will.

My X was held in contempt by the judge. He has to reimburse me for my expenses. I'm waiting with baited breath - not. I'll probably see it when HE (double hockey sticks) freezes over.