at it again

[anastashia]

What is the name of your state? Texas

I was told by one attorney whom, I searched, and has only had his liscense two and half years, so im a little nervous about the advice but hopefully you guys know something in texas that is the same or differs.

I was told if my ex does not return by thursday with our children from out of state that i can file a sanction on kidnapping??
I rcvd a letter from her that she would be gone a week after i emailed her that i didnt approve of the trip. But now she says she wont be back then. Something about bad weather since now my ex is driving and not flying as I was told there was a return plane ticket but never showed one.


Can I file a sanction and what is a sanction exactly?

 

[Ohiogal]

KIDNAPPING? Based on what? DO you know where the children are? Or where she was going to be? What does your court order state regarding out of state visits? Parenting time for your ex? For you?

 

[anastashia]

KIDNAPPING? Based on what? DO you know where the children are? Or where she was going to be? What does your court order state regarding out of state visits? Parenting time for your ex? For you?

It does not state anything about visits. I have EVO weekend, but I have them every weekend. I was supposed to have this past weekend and this thursday along with last thursday and for their birthday on Friday. My ex plane ticket was for kentucky. I got a letter on the day she left saying she was in Indiana and she told me and some friends she was going to Milton, NC. So honestly I dont know what is going on and then i get an email with an address a couple days after she left. I dont understand how this keeps happening. How can a parent refuse so many visits and just take off like this. The attorney said if my ex isnt back by the time given I can sanction her, but I have no idea how or what difference that is that breaking the order.
What i thought I could do was file Temporary custody due to the number of refusals and refusals based on vengance and leaving state like this. In Jan my ex had my children a total of 9 days while I had them the remaining. I pretty much have them more than my ex at this point unless my ex refuses continuously week after week.
Im not sure what route im to go. This confuses my children when they have a set schedule and she is no way wanting to co-parent.

 

[Ohiogal]

You have the children Every Other Weekend? Okay so did you have them last weekend?
And your court order does say something about visits if your attorney believes she can sanctioned (which is a motion to show cause). So please answer my question about what the court order states about visits. WHEN do you get the children per the court order?

 

[anastashia]

You have the children Every Other Weekend? Okay so did you have them last weekend?
And your court order does say something about visits if your attorney believes she can sanctioned (which is a motion to show cause). So please answer my question about what the court order states about visits. WHEN do you get the children per the court order?

Its not my attorney. Its says nothing of out of state visits, only visitation if i move 100 miles away. Im court ordered EVO weekend. My ex left the 17th. Thursday. I was to have them that night following Fri- Sun. Im again to have them court ordered This thursday and Friday for their Birthday. Other than that its Joint Legal/ Joint Physical. But not a word of out of state or visits. The weird thing is my ex sent a copy of our order to my real mothers husband( i have nothing to do with them and they have everything to do with her) and im concerned something is going on. The children were sick with a 102 temp by the time she left. I asked her not to go. She cancelled the girls dr appt for this Friday althought he letter i rcvd on the 17th said she would be back by Thursday. The address I was given after she left, the police couldnt find ,then suggested I call another county in that state. I did not have them last weekend as she left state Thursday supposedly at 8 am

 

[wife-mom-stpmom]

Not a professional

I could be wrong about this... but I believe given what you have described the attorney you talked to was right. You missed your last visitation because she took them out of state, you don't know where the kids are, and you don't know when they are coming back. Like I said, I could be wrong but it seems to fit the definition to me.

 

[LdiJ]

Its not my attorney. Its says nothing of out of state visits, only visitation if i move 100 miles away. Im court ordered EVO weekend. My ex left the 17th. Thursday. I was to have them that night following Fri- Sun. Im again to have them court ordered This thursday and Friday for their Birthday. Other than that its Joint Legal/ Joint Physical. But not a word of out of state or visits. The weird thing is my ex sent a copy of our order to my real mothers husband( i have nothing to do with them and they have everything to do with her) and im concerned something is going on. The children were sick with a 102 temp by the time she left. I asked her not to go. She cancelled the girls dr appt for this Friday althought he letter i rcvd on the 17th said she would be back by Thursday. The address I was given after she left, the police couldnt find ,then suggested I call another county in that state. I did not have them last weekend as she left state Thursday supposedly at 8 am

I think that you were misunderstanding OG's question. She wants to know what YOUR official parenting schedule is with the children, and you sort of answered that. Are you following the standard TX guidelines officially?...because the official schedule is what matters here, not any extra time that your ex has been allowing.

Now, you certainly can file for contempt if she is arbitrarily making it impossible for you to exercise your official parenting time. That is what the attorney meant by "sanctions". That however is NOT kidnapping. Now, if she were to permanently remove the children from the state, and you went to court to get emergency orders for her to return the children to the state, and she did not comply, THEN it might be kidnapping, but it might not be either if she has primary residential custody. She might lose primary custody over it, but not be prosecuted for kidnapping.

I will offer one cautionary word of advice though. Parents with primary residential custody do also have the right to vacation with the child, so if she returns to TX after her vacation a judge might just give her a slap on the wrist this time, and put rules in place on making arrangements with you regarding vacations. You should still file for contempt, so that she realizes that she has to take the schedule seriously, but understand that she will argue that it was a vacation, and that she gives you lots of extra time and that will be her defense on the contempt.