• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

not handing over kids

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
no, its " your honor, she emptied the house, wrecked the car you court ordered me to have, has not allowed me to talk to the boy since she left even when I ask, did not hand him over for visitation as court ordered, damaged the house and wont pay to fix it, took all the babies clothes and yet I paid her car payment and insurance for her, let her speak 2-3 times a day on the phone with the baby even though she would curse at me in the process, gave her money even though support is not court ordered, and listened to her threaten me with not returning the baby".

I have attached a copy of the letter he sent to his attorney:

To XXXXXX:

I am writing this letter to you to outline my concerns concerning the actions of my wife since the separation and start of divorce proceedings. xxxxx has been showing over and over again her utter lack of respect for the court and the judges rulings and orders. My concerns are as follows:

1. She broke a window in the marital home, ordered and paid for the replacement glass and now will not give the glass so the damage she caused can be repaired. When asked where the glass is, I have been told that she is “confused as to the glass and when to bring it” even though she has been repeatedly reminded and has promised during the last two visitations with our daughter to bring it.. She refers me to her father who refers me back to her. I can only assume that this confusion is due to her continued consumption and abuse of prescription narcotics.

2. I was awarded custody of the marital home for myself and our 2 year old daughter. Upon xxxxx refusing to move and her being threatened with contempt of court, she moved out in the middle of the night taking almost all the furniture, dishes, towels, sheets, food, the babies medicine and all her clothing that fit her and left the house in such disarray with piles of trash everywhere that it was uninhabitable for our daughter for over 1 week. We have asked for an itemized list of what she took and she has not complied. My father has kindly purchased things for the home to assist me. ( I took pictures of the mess and damage left by her)

3. The judge awarded me visitation with xxxxx. I spoke with xxxx on Thursday and was informed by her as to the pick up location for xxxxx and when I drove to xxxxxx to collect him, I arrived early and xxxxx father was contacted about early pickup. He told us to come on and get him. Upon our arrival, xxxxx was not present, only her father and others who REFUSED to give him to me, in direct violation of the court order. (The police were called and information collected by the officer for use in court.) xxxxx was being sequestered in a back room with two adults and was under obvious duress. I believe that this was done in retaliation for my not altering the pick up and drop off location for my daughter as xxxxx requested. Her request was that I drive my daughter to within 40 minutes of her home in xxxxxx for drop off and pick up as well as drive to her home for drop off and pickup of xxxxx. It is a two and a half hour drive each way for both of us on alternating weekends. I was also unable to have visitation with xxxxx on Saturday February 17th, 2008 as there was a death in xxxxx family. The funeral was Thursday and I missed visitation at xxxxx request that xxxxx be allowed to grieve with her family over the weekend.

4. I have not denied visitation of our daughter to xxxx and yet, when she has her, as on her last visit, she has called my phone up to 18 times a day yelling at me and generally harassing me. I do not call my daughter during visits so not to interfere with xxxx visitation. ( I have phone records for proof) She also threatened not to return the baby to us unless we drove to xxxxxx to retrieve her.

5. xxxx does not allow me phone visitation with xxxx even though I have not denied her phone visitation with the baby and it is not court ordered.

6. xxxxx has now filed charges against me in xxxxx behind the back of the xxxxxx judge alleging I threatened to hurt xxxx. That has now required me to spend more money getting a second attorney in another state to defend myself. ( I have a copy of the charges from court)

7. xxxxx returned my car at the vehicle exchange with the spare tire missing, rims missing and the vehicle had been in an auto accident that she did not report to me or my attorney. She stated the two cars hit bumpers. The insurance company has since informed me that the accident was xxxxx fault, that she hit the other car in the door. This is her second accident in eight months. (Insurance gave a copy of the report to us). I have to assume that this accident was due to her continued consumption of prescription narcotics and alcohol. Due to her previous DUI, I was already paying higher than normal rates for car insurance and now, due to her accidents, my rates are rising beyond what I can afford to have her covered.

8. xxxxx relationship with his sister is now severely hampered due to xxxxx actions as he cannot speak to her on the phone.

9. xxxx has yet to secure a job for herself and continues to be the only family member using the health insurance to pay for her drugs at an enormous financial cost to myself

At this juncture, it has become apparent that xxxxx has no regard for the judge or his orders and is more interested in trying to cause damage and hurt than about the relationship the children have with each other and ending this marriage in a mature and amicable fashion. She has been using xxxxx as a “weapon” with no regard for his feelings or well being, however, I am aware that I hold no legal claim to him and he is probably beyond my help. I am concerned for the physical and psychological safety of my daughter. I pray that the court will reconsider its previous order on visitation due to the fact that our daughter is in imminent danger of flight risk and is being driven in a vehicle by someone who is under the influence of large amounts of narcotic (pain) medications and alcohol usage. We are asking for an emergency order for supervised visitation in xxxxxx for xxxxx to be expedited as xxxxx has visitation on March 6th, 2009. We are also requesting that it be ordered that xxxxxx secure and pay for her own car and health insurance within 30 days time.


As I stated in my earlier post, his attorney filed contempt charges against her for the emptying of the house ( she was told to take only her clothes) and not allowing visitation with the son. He also filed something ( i dont know what it is called) that asks the judge to make her bring the boy to him this weekend when she shows up to get the baby.
 
Last edited:


mistoffolees

Senior Member
Whine all you want. Most of what you're complaining about is completely irrelevant to the child custody issue.

The answer isn't going to change:
1. If she is denying visitation, he can go to court to get an order.
2. He can not deny visitation for any of the reasons you've used to try to justify it.

You've already been told that several times. How many more before it sinks in?
 

LdiJ

Senior Member
Whine all you want. Most of what you're complaining about is completely irrelevant to the child custody issue.

The answer isn't going to change:
1. If she is denying visitation, he can go to court to get an order.
2. He can not deny visitation for any of the reasons you've used to try to justify it.

You've already been told that several times. How many more before it sinks in?
I am really really really glad that I didn't have a friend like her helping me with my divorce and custody issues. She didn't listen to anything we had to say on her first thread, and she is not listening to anything we have to say on this one either.

Her "friend" needs an attorney or he is going to make a serious mess of things.
 
he has an attorney, he did go to court, he got a court order!!! she still didnt hand over the kids and I am listening to you. BTW, on the last thread, you all said that the depos would be worthless, they werent and you were wrong. You all said that he would not get the house, you were wrong. As a matter of fact, almost everything you all posted has been wrong so far!! I know this is just opinions and I stated before that I like the different points of view and all you all do is attack!!!!

I will update the post when this is over. And, I do think threatening to take a child for visitation and not return them is crutial to the court, as is denying court ordered visitation and breaking all the judges orders.
 

mommyof4

Senior Member
he has an attorney, he did go to court, he got a court order!!! she still didnt hand over the kids and I am listening to you. BTW, on the last thread, you all said that the depos would be worthless, they werent and you were wrong. You all said that he would not get the house, you were wrong. As a matter of fact, almost everything you all posted has been wrong so far!! I know this is just opinions and I stated before that I like the different points of view and all you all do is attack!!!!

I will update the post when this is over. And, I do think threatening to take a child for visitation and not return them is crutial to the court, as is denying court ordered visitation and breaking all the judges orders.
Quoted just 'cuz.:rolleyes:
 

LdiJ

Senior Member
he has an attorney, he did go to court, he got a court order!!! she still didnt hand over the kids and I am listening to you. BTW, on the last thread, you all said that the depos would be worthless, they werent and you were wrong. You all said that he would not get the house, you were wrong. As a matter of fact, almost everything you all posted has been wrong so far!! I know this is just opinions and I stated before that I like the different points of view and all you all do is attack!!!!

I will update the post when this is over. And, I do think threatening to take a child for visitation and not return them is crutial to the court, as is denying court ordered visitation and breaking all the judges orders.
The judges order for him to have visitation with HER child (the child that is not his) is not enforceable. The judge can take custody of the child away from her if the judge finds her unfit, but the child will go to a biological relative or foster care, not to your friend.

I also don't recall anyone telling him that he couldn't get the house. We only told you that he couldn't keep her out of it without a judge's order.

She is going to be in contempt for anything enforceable that she didn't obey...however, that is not justification for your friend denying court ordered visitation and will damage his credibility with the court.

On top of that..writing a letter to the court is not the appropriate way to handle things (therefore I do not believe that he has an attorney because his attorney would not have allowed him to do that...or he is doing things without consulting his attorney, which is even worse).

In my opinion you are WAY too involved in his decision making regarding legal matters and that is what I think is going to bite him in the butt.
 
he didnt write the letter to the court, he sent it to his attorney. She is supposed to come tonight to get the baby. We will see if she shows. Also, the police stated that they didnt give him the boy because the court order was for SC and she is living in NC and it was therefore not enfoceable. His new NC attorney is going to court on Wednsday to have the SC order also made a NC order ( sounds right) so that it is enforceable and when he shows up for visitation, if they dont hand him over again, the police will physically put him in the car.

He won visitation based on new laws for step parents as "emotional parents". I have never heard that one before but**************.

Also to be noted, DSS ( dept of social services) showed up on his door step yesterday, apparently she called and accused him of abusing their daughter. They investigated and found no basis for the claim. Apparently, she feels the only way to get custody of the little girl is to say that he is abusing her. I wonder what the judge will make of that one!!!!!

The guardian at litem ( spelling) spoke with both and recommended to the judge that he get custody!!!
 
update: Her court case in NC was thrown out for lack of jurisdiction. She is due in court here in SC Tuesday for contempt of court for not allowing visitation. She also didnt show up last weekend to see her daughter and again did not hand over the boy. 2nd charge for contempt is being filed on Monday. His attorney is asking the judge to make her get health care ( she is miraculously healed ) and is working 2 jobs waitressing, to ger her own car insurance due to her accidents and is asking that everything she took from the house be returned.
 
update

She didnt show up last month for visitation, showed up this time, took the baby to NC. She called him and asked him to drop the comtempt charges for not letting him see the step son and he said no and on Sunday, when the baby was due back in SC, she took her to an emergency room in NC and claimed that the father was sexually abusing the baby and would not return her.

His court ordered custody order is no good in NC and now he is having to see a judge to try to get his daughter back.

ok, lets hear how she is in her rights to submit the baby to a sexual assault exam at the age of 2 even though this is her 4th report of abuse to cps in 3 months and he has been cleared every time and that she is in her rights to keep the baby after she lost custody.
 

Ohiogal

Queen Bee
She didnt show up last month for visitation, showed up this time, took the baby to NC. She called him and asked him to drop the comtempt charges for not letting him see the step son and he said no and on Sunday, when the baby was due back in SC, she took her to an emergency room in NC and claimed that the father was sexually abusing the baby and would not return her.

His court ordered custody order is no good in NC and now he is having to see a judge to try to get his daughter back.

ok, lets hear how she is in her rights to submit the baby to a sexual assault exam at the age of 2 even though this is her 4th report of abuse to cps in 3 months and he has been cleared every time and that she is in her rights to keep the baby after she lost custody.
She has the right to get HER child examined. She has legal custody. YOU have no dog in this fight and considering we are always wrong why do come here? Just to instigate or butt in? What is your purpose?
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top