turn2009

[turn2009]

What is the name of your state (only U.S. law)? Oregon, Custody is currently in minor childs father. child ran away from home and father moved 2 hours away. child has been declared a runaway. the non custodial mother filed a temperary Emergency custody pettition it was denied judge told her denied because she didnt have contact with child. child is in hiding mother has contact through child friends. child does not want to go back to father (child is 17). Can mother be arrested for harboring if she has contact? how can mother get her out of hiding without being arrested?

 

[LdiJ]

What is the name of your state (only U.S. law)? Oregon, Custody is currently in minor childs father. child ran away from home and father moved 2 hours away. child has been declared a runaway. the non custodial mother filed a temperary Emergency custody pettition it was denied judge told her denied because she didnt have contact with child. child is in hiding mother has contact through child friends. child does not want to go back to father (child is 17). Can mother be arrested for harboring if she has contact? how can mother get her out of hiding without being arrested?

How long until the child is 18?

I am honestly kind of at a loss with this one. Dad moved 2 hours away and mom seems to be the only hope of flushing the child out.

Is dad actively searching for the child?

 

[TampaFlaMom9]

I would think that leaving the child 'on the streets' would be undesirable

can fear of legal repercussions justify not acting in the best interests of the child?

If you need legal cover for picking up the child, you should be able to do so,
during your regular visitations if you follow the original court order...

While you cannot legally stop the father from picking up the child at the end of visitation, you might be able to negotiate a temporary stipulation that if you pick the child up the father would agree not to 'force' the child to return for a predetermined limited period of time during which every effort could be made to peacefully resolve the situation...this should appeal to the father if his other concern is that you may try to undermine his custody - taking advantage of a temporary disagreement...a signed concession of this point might further convince the child to come to you, or go with you from where she is presently staying *if you really know where she is.

Really a bit late to instigate a court fight over custody at this point...

if there are so far unrelated circumstances (child endangering) at the present custodial residence this would give you time to refile the temp custody order... but it would likely be denied on any other grounds at this late point even if you can secure physical custody.

if you cant get in the middle and mediate a resolution...it would be your duty to report her location to the father (when you have it) rather than implicitly
condoning this type of behavior, if the shoes were on the other foot i am sure you would appreciate the same consideration... even though it might anger the daughter she should not think she can manipulate you into acting irresponsibly the way she is at this time

-gem9153

 

[mistoffolees]

What is the name of your state (only U.S. law)? Oregon, Custody is currently in minor childs father. child ran away from home and father moved 2 hours away. child has been declared a runaway. the non custodial mother filed a temperary Emergency custody pettition it was denied judge told her denied because she didnt have contact with child. child is in hiding mother has contact through child friends. child does not want to go back to father (child is 17). Can mother be arrested for harboring if she has contact? how can mother get her out of hiding without being arrested?

I suspect:

1. If child voluntarily goes to mother, mother won't get in trouble.
2. Mother must notify father of child's location.
3. If father comes to pick up child (outside of mother's visitation time), mother must not interfere.

I'm not sure about the emergency motion. Did you mean that mother NEVER had contact with the child or the court is assuming that mother currently does not have contact since the child is gone?

Why doesn't child want to go back to father? If it's an abuse situation, CPS should be involved. If it's simply "I don't like it at Dad's place", I think I'd try to convince him that he has to follow the court order, but after he's 18, he'd be welcome at Mom's house.

There might be ways to change custody, but it would probably be expensive and require an attorney. AND, it probably wouldn't be completed until the child was 18, anyway.

 

[LdiJ]

I suspect:

1. If child voluntarily goes to mother, mother won't get in trouble.
2. Mother must notify father of child's location.
3. If father comes to pick up child (outside of mother's visitation time), mother must not interfere.

I'm not sure about the emergency motion. Did you mean that mother NEVER had contact with the child or the court is assuming that mother currently does not have contact since the child is gone?

Why doesn't child want to go back to father? If it's an abuse situation, CPS should be involved. If it's simply "I don't like it at Dad's place", I think I'd try to convince him that he has to follow the court order, but after he's 18, he'd be welcome at Mom's house.

There might be ways to change custody, but it would probably be expensive and require an attorney. AND, it probably wouldn't be completed until the child was 18, anyway.

There could also be an issue that dad was moving 2 hours away and the child didn't want to go with him (I thought the child was a daughter...could be wrong). If that is the case, then everybody kind of messed up. Mom could have filed for emergency, temporary custody based on dad's move and the fact that the child didn't want to go with him, and then the child would not have needed to run away, because that would have been almost a slam dunk for mom at the child's age.

However, mom really needs to come back here and explain things and answer questions, because she isn't going to get good legal advice otherwise.