she wont return our child

[paul-6749]

What is the name of your state (only U.S. law)? TX

My X wife has our 4 year old boy for her weekend as ordered. she lives 60 miles away and the order states that she is to return him to my residence. She is saying now that she is moving and dont have time to return him to his home today. She wants me to make the 2 hour drive drive to go pick him up. Is there anything i can do if she dont bring him back to me?

 

[Proserpina]

What is the name of your state (only U.S. law)? TX

My X wife has our 4 year old boy for her weekend as ordered. she lives 60 miles away and the order states that she is to return him to my residence. She is saying now that she is moving and dont have time to return him to his home today. She wants me to make the 2 hour drive drive to go pick him up. Is there anything i can do if she dont bring him back to me?

Any reason you can't go get him?

Or is this "it's the principle" ?

If she doesn't return per the court order, you can march into court first thing in the morning and file contempt.

 

[LdiJ]

Any reason you can't go get him?

Or is this "it's the principle" ?

If she doesn't return per the court order, you can march into court first thing in the morning and file contempt.

Absolutely...

However, if mom can articulate some sort of emergency to the court that made her contempt not "willful" then it might honestly be a waste of time and money.

Does she frequently come up with excuses as to why she cannot return the child? Is this a new schedule and new transportation orders?

 

[Proserpina]

Absolutely...

However, if mom can articulate some sort of emergency to the court that made her contempt not "willful" then it might honestly be a waste of time and money.

Does she frequently come up with excuses as to why she cannot return the child? Is this a new schedule and new transportation orders?

Good questions!

If she's moving...yeah, she might have other things on her mind.

(OP should clarify whether she's moving to the next street, or something much further, too)

 

[LdiJ]

Good questions!

If she's moving...yeah, she might have other things on her mind.

(OP should clarify whether she's moving to the next street, or something much further, too)

My thought process is that if this schedule has been going on for an extended amount of time, and mom hasn't been a problem until now, that maybe its really an emergency for mom. Stuff happens sometimes and things can go wrong when you are moving. Been there, done that, have the T-shirt.

If mom can articulate a real complication/emergency regarding moving then a judge is far more likely to be sympathetic than if mom is a regular problem about visitation transportation.

 

[mistoffolees]

Good questions!

If she's moving...yeah, she might have other things on her mind.

(OP should clarify whether she's moving to the next street, or something much further, too)

That works both ways. If she has so much on her mind from the move, perhaps she shouldn't have insisted on throwing the child into such a whirlwind.