Child gone without court ordered parenting plan

[Just Blue]

Good questions for your attorney.

 

[Zigner]

What is a preliminary injunction? Who files it?

I am not in your state.
In *my* state, various orders are made automatically when a family law/divorce matter is filed. These are "injunctions" (they are called "temporary restraining orders" in my state) that are pre-printed on the form that is used to open a case that prevent certain things from happening. In my state, the parties are ordered not to remove the minor children from the state, but it doesn't specifically mention a change of residency beyond that.

Ask your attorney for more information.

 

[Zigner]

Good questions for your attorney.

Or Google
But, yes, HIS attorney would be the best person to ask about anything beyond a basic definition.

 

[cbg]

The bottom line here, though, is that unless there is some kind of order, whether it's a court order, an injunction, or some form of legal prohibition that bars Mom from moving the children, she stands equal with Dad and has as much right to have the children with her as he does.

Dad will need to check with HIS ATTORNEY to see if such a prohibition exists. If it does not, Mom has broken no laws and is not in contempt of anything.

 

[Lido]

I am not in your state.
In *my* state, various orders are made automatically when a family law/divorce matter is filed. These are "injunctions" (they are called "temporary restraining orders" in my state) that are pre-printed on the form that is used to open a case that prevent certain things from happening. In my state, the parties are ordered not to remove the minor children from the state, but it doesn't specifically mention a change of residency beyond that.

Ask your attorney for more information.

So, in your case, in your state, the "injunction is included in the original divorce papers filed by the petitioner?

 

[Zigner]

So, in your case, in your state, the "injunction is included in the original divorce papers filed by the petitioner?

My state is completely irrelevant to your matter. I was merely using it as an example of what folks were talking about.

TALK
TO
YOUR
ATTORNEY

 

[adjusterjack]

So, in your case, in your state, the "injunction is included in the original divorce papers filed by the petitioner?

In my state it's called a preliminary injunction and is automatically included in the petition. But that's also irrelevant.

If you want to see if you have one, look at the petition in your case file.

A word about "contempt." Just saying it doesn't get somebody punished. There's a process you have to go through.

You file a motion (ask the court to do something) asking the court to issue an "order to show cause why the respondent should not be held in contempt of court."

I know. Lots of words. What they mean is that the respondent is given a chance to explain WHY he or she did, or didn't do, what they did, or didn't do.

Once the explanation is forthcoming, even if the court finds that the respondent did wrong, the result is often just an admonishment to correct the issue without any actual punishment.

I'm sure you would like to have your soon-to-be-ex tarred and feathered, fined, or thrown in jail for what she's done but the reality is that none of that is likely to happen. The best that you can hope for at this point is that you get some visitation during the divorce process. And that's not going to happen overnight. Settle down and deal with what is happening to you as best you can. Anger and hostility aren't going to get you anywhere. Been there.

 

[t74]

Don't do anything stupid! Do not retaliate or file unwarranted protective orders or reports to CPS. Keep your temper under control and count to 100 before saying anything to her. Keep very good and organized records, You do not want to make your situation worse. If you patiently work through the legal system while she abuses it, you will eventually win as will your child.

Look for a support group and a counselor to help you with your emotions at this time.

 

[Lido]

In my state it's called a preliminary injunction and is automatically included in the petition. But that's also irrelevant.

If you want to see if you have one, look at the petition in your case file.

A word about "contempt." Just saying it doesn't get somebody punished. There's a process you have to go through.

You file a motion (ask the court to do something) asking the court to issue an "order to show cause why the respondent should not be held in contempt of court."

I know. Lots of words. What they mean is that the respondent is given a chance to explain WHY he or she did, or didn't do, what they did, or didn't do.

Once the explanation is forthcoming, even if the court finds that the respondent did wrong, the result is often just an admonishment to correct the issue without any actual punishment.

I'm sure you would like to have your soon-to-be-ex tarred and feathered, fined, or thrown in jail for what she's done but the reality is that none of that is likely to happen. The best that you can hope for at this point is that you get some visitation during the divorce process. And that's not going to happen overnight. Settle down and deal with what is happening to you as best you can. Anger and hostility aren't going to get you anywhere. Been there.

My soon-to-be ex filed for the divorce. So I should look in the divorce petition that she filed?

 

[Zigner]

My soon-to-be ex filed for the divorce. So I should look in the divorce petition that she filed?

What did your attorney say?
(Yes, generally you should read documents you receive from the court.)

 

[Lido]

What did your attorney say?
(Yes, generally you should read documents you receive from the court.)

I'm on hold to talk to her.
Also I checked the divorce petition, and I didn't find any preliminary injunction.

 

[Lido]

I fired my lawyer and got a new one, a more aggressive one.
The old lawyer was all talk and no action, and his ineptitude got me in this terrible situation

 

[LdiJ]

I fired my lawyer and got a new one, a more aggressive one.
The old lawyer was all talk and no action, and his ineptitude got me in this terrible situation

I know that it feels like you are in a "terrible position" but in reality you are simply dealing with the normal processes of divorce. Eventually you will get a proper timeshare with your child but that won't happen until a court issues orders. No matter how aggressive your new attorney is that is going to happen, unfortunately, at the court's pace rather than the pace you want.

I know that it is hard, but please just hang in there and don't do anything foolish that could drag things out even further.