Police Report and Child Abduction Unit

daddenied · Mar 12, 2005

What is the name of your state? CA

My ex-wife has not met at the exchange meeting spot to drop our children off the last 3 times. I was advised by my attorney to drive to the exchange spot, and if she and the kids were not there, to drive all the way in-another 2 hours to her place and get my children. I was told if they were not there, to file a police report against her for violating the visitation order, all of which I did. I actually went up last weekend and was able to file for that weekend and the two prior visits. I have not seen my children in over a month now, since she started playing games. What happens next? Will she be contacted? I am going up next Friday and plan on doing the same thing...I cannot reach my children by phone as I can never get through (I call every night). Can you tell me what to expect in this process?

rmet4nzkx · Mar 12, 2005

You need to contact the police in both the city where they live and your city and report them mising, also contact the DA office for your county, their child abduction unit. Ask your attorney to file contempt for failing to honor the visitation agreement.

BL · Mar 12, 2005

Can you verify if they have moved , or are they still living there ?

MominNJ · Mar 12, 2005

Re

In most cases, the police will not get involved in situations like this. They won't go to the CP and force her to hand over the child for visitation. Filing a police "report" only makes it a matter of record. The police will not arrest her or serve her a summoms to appear in court.
Any one can file a report for anything. For instance, I could go and file a report that aliens landed in my back yard and the police will take it and file it. It doesn't mean a lot.
You'll find that the police won't do anything for you since what she is really doing is breaking a court order and they probably have told you you need to take this up with your attorney or bring her back to court.
It's not child abduction. It's only child abduction if the NCP does not return the child to the CP. Then, you'll see the police move on it.
You can get copies of the police reports you have made and bring them to court. She is in contempt.
That's pretty much all you can do at this point.

rmet4nzkx · Mar 12, 2005

MominNJ said:
In most cases, the police will not get involved in situations like this. They won't go to the CP and force her to hand over the child for visitation. Filing a police "report" only makes it a matter of record. The police will not arrest her or serve her a summoms to appear in court.
Any one can file a report for anything. For instance, I could go and file a report that aliens landed in my back yard and the police will take it and file it. It doesn't mean a lot.
You'll find that the police won't do anything for you since what she is really doing is breaking a court order and they probably have told you you need to take this up with your attorney or bring her back to court.
It's not child abduction. It's only child abduction if the NCP does not return the child to the CP. Then, you'll see the police move on it.
You can get copies of the police reports you have made and bring them to court. She is in contempt.
That's pretty much all you can do at this point.

It doesn't matter who abducted the children it is more often the CP that abducts children.
You are in NJ and OP is in California, thus I gave him the specific advice for California. He has to make the report to the police that the children are missing, he has to make it to both police departments because they are in two different jurisdiction, then he has to contact the DA's office, child abduction unit and place his report there, then they will take action to locate the children, in the mean time, his attorney can file contempt and other motions. That is how it works in California.

Please don't confuse this with spaceships landing in your back yard, I say spaceships because in California, a "report that aliens landed in my back yard" would be forwarded to immigration! If you don't have specific advice appropriate to the state, please don't give out incorrect advice.

MominNJ · Mar 12, 2005

re

rmet4nzkx said:
It doesn't matter who abducted the children it is more often the CP that abducts children.
You are in NJ and OP is in California, thus I gave him the specific advice for California. He has to make the report to the police that the children are missing, he has to make it to both police departments because they are in two different jurisdiction, then he has to contact the DA's office, child abduction unit and place his report there, then they will take action to locate the children, in the mean time, his attorney can file contempt and other motions. That is how it works in California.

Please don't confuse this with spaceships landing in your back yard, I say spaceships because in California, a "report that aliens landed in my back yard" would be forwarded to immigration! If you don't have specific advice appropriate to the state, please don't give out incorrect advice.

Visitation Orders
Printer-friendly Version

What to do if the visitation orders are not being followed

If a visitation order is being violated by the temporary withholding of the child, or by not meeting the specific terms of the order, you may bring a civil contempt action for violation of your Court Order. This is done by filing an Order to Show Cause Re: Contempt at the Family Law Courts. You will be required to go back into court and present your case to the Judge.

If another person takes, entices away, keeps, withholds, or conceals a child and maliciously deprives you of your right to visitation, you may file a report with the local police. The police will forward a copy of their report to the Child Abduction Unit (CAU). You will need to provide a copy of your court orders to the police officer.

Contact the Child Abduction Unit in your County. The number for Napa County is (707) 253-4356.

What you told him was correct. However, my cousin lived in California w/his mother and his father had the same problem.
The only thing that happened after running to the police was that he had to bring her to court. She was never arrested, detained, forced to give the child to him for visits or anything. The police told him to make the reports and see his attorney. That's all they did for him.
Unfortunately this is how it works in the real world. Some people get justice, others don't. Most of the time, we're led to beleive our "pieces of paper" we get from the courts are all we need. It's crap. My ex was in contempt I don't know how many times. The Judge yelled at him. That's all. Wow. Big deterrent.
But I don't want to go off on a rant. I'll save that for another day.

LdiJ · Mar 12, 2005

rmet4nzkx said:
It doesn't matter who abducted the children it is more often the CP that abducts children.
You are in NJ and OP is in California, thus I gave him the specific advice for California. He has to make the report to the police that the children are missing, he has to make it to both police departments because they are in two different jurisdiction, then he has to contact the DA's office, child abduction unit and place his report there, then they will take action to locate the children, in the mean time, his attorney can file contempt and other motions. That is how it works in California.

Please don't confuse this with spaceships landing in your back yard, I say spaceships because in California, a "report that aliens landed in my back yard" would be forwarded to immigration! If you don't have specific advice appropriate to the state, please don't give out incorrect advice.

Since the children apparently ARE NOT missing, and that its simply a case of mom denying visitation, I don't believe its responsible to recommend that he file a police report that he knows is false. I don't think that the police would be too pleased about it either. A person can get into a great deal of trouble for filing a false police report. Even if he didn't get into trouble it could make the police less likely to help him in the future.

rmet4nzkx · Mar 12, 2005

MominNJ said:
Visitation Orders
Printer-friendly Version

What to do if the visitation orders are not being followed

If a visitation order is being violated by the temporary withholding of the child, or by not meeting the specific terms of the order, you may bring a civil contempt action for violation of your Court Order. This is done by filing an Order to Show Cause Re: Contempt at the Family Law Courts. You will be required to go back into court and present your case to the Judge.

If another person takes, entices away, keeps, withholds, or conceals a child and maliciously deprives you of your right to visitation, you may file a report with the local police. The police will forward a copy of their report to the Child Abduction Unit (CAU). You will need to provide a copy of your court orders to the police officer.

Contact the Child Abduction Unit in your County. The number for Napa County is (707) 253-4356.

What you told him was correct. However, my cousin lived in California w/his mother and his father had the same problem.
The only thing that happened after running to the police was that he had to bring her to court. She was never arrested, detained, forced to give the child to him for visits or anything. The police told him to make the reports and see his attorney. That's all they did for him.
Unfortunately this is how it works in the real world. Some people get justice, others don't. Most of the time, we're led to beleive our "pieces of paper" we get from the courts are all we need. It's crap. My ex was in contempt I don't know how many times. The Judge yelled at him. That's all. Wow. Big deterrent.
But I don't want to go off on a rant. I'll save that for another day.

You are right, there is no reason to have a rant here, you admitted that you gave the wrong information and posted the correct information, which also included the additional steps which I gave, that of contacting the DA child abduction unit.

What happened to you cousin, is of no relevance. If he didn't contact the DA's office as well, then he didn't get the process correct. What happens in court with your ex, in NJ, isn't relevant. Here is your first question about NJ law

MominNJ said:
What is the name of your state? NJ
I wanted some info about what differnt types of orders mean.
History: Had an FRO: modified to a civil action order, civil action order modified to a consent order.
What is the difference between a consent order and civil action order? I have a feeling the judge had us enter the last one as a consent order to limit HIS liability? I don't know. Need info. I am going back to court, ex wants order vacated.

If you don't have answers to these basic concepts or where to get the answers how can you begin to give advice for another state? Legal issues require advice that is relevant, unbiased and objective.

Parental child abduction is a serious matter, not one for people to advise who know nothing and assume. OP had two threads, OP not only has attempted to meet at the 1/2 way point but also gone all the way to the home. The children are not there, so they are missing, thus the left behind parent must report it to the police each and every time it happens until they locate the other oparent and children. What makes this process work is the report to the DA's office in addition to working with his attorney. The system works, when it is used as intended, they have even been successfully using the Amber Alert system here in some cases of parental abduction.

MominNJ · Mar 12, 2005

Re

rmet4nzkx said:
Here is your first question about NJ law
If you don't have answers to these basic concepts or where to get the answers how can you begin to give advice for another state? Legal issues require advice that is relevant, unbiased and objective.
.

I know far more about the law than you think I do. So don't assume anything based on a stupid question I asked a long time ago.
My advice to the OP was not so much legal as logical, anyway.
I am not his attorney, nor are you.
And from what he has said, the police haven't done much for him. He can make all the police reports he wants. What's going to matter is what happens in court.
I have not stated that your (or anyone else's) so called "legal advice" is correct or not. However, he does have an actual lawyer. And being that he is in here asking questions about what he should expect the police will do, indicates to me that they really aren't doing anything. And from what I have heard (not only from my Uncle) but in other forums, etc. I wouldn't expect that the police will do much.
denieddad's question was what should he expect? I gave my answer based on what I beleive happens in most cases.
You can agree to disagree with me. That's fine. There's no need start slamming me. Or trying to prove me wrong or whatever it is you are trying to accomplish by your posts.

daddenied · Mar 12, 2005

Not the case

Blonde Lebinese said:
Can you verify if they have moved , or are they still living there ?

They live there...she is not going anywhere...she has simply attempted to sabotage my relationship with my children. Each time they visit and we have a nice time...they go home and I don't hear from them...I can't see them...their mother never has them return calls....most times I can't even leave messages on the answering machine...Internet or answering machine is just off.

This is not the case. I just wondered what happens after a report is filed.

daddenied · Mar 12, 2005

Report in both counties?

rmet4nzkx said:
You need to contact the police in both the city where they live and your city and report them mising, also contact the DA office for your county, their child abduction unit. Ask your attorney to file contempt for failing to honor the visitation agreement.

I followed my attorney's advice and filed a police report (3 different ones just last weekend) while in her county. I called the Child Abduction Unit per my attorney's advice who was to call them that same day later. The D.A. in her county actually had to step in before Christmas to force her to have the children meet me for their break, but since then, I have seen them twice.

Why would I need to file a report in my own county? Just wondering. I will ask my attorney to file contempt charges against her for failing to honor the visitation agreement.

stealth2 · Mar 12, 2005

daddenied said:
They live there...she is not going anywhere...she has simply attempted to sabotage my relationship with my children. Each time they visit and we have a nice time...they go home and I don't hear from them...I can't see them...their mother never has them return calls....most times I can't even leave messages on the answering machine...Internet or answering machine is just off. This is not the case. I just wondered what happens after a report is filed.

Okay, so that is not child abduction. It is, however, likely contempt of the current court order. Nothing happens after a report is filed. You use that report (and subsequent ones) as proof of the denial of visitation when you file against her (in court) for contempt.

daddenied · Mar 12, 2005

attorney advised

LdiJ said:
Since the children apparently ARE NOT missing, and that its simply a case of mom denying visitation, I don't believe its responsible to recommend that he file a police report that he knows is false. I don't think that the police would be too pleased about it either. A person can get into a great deal of trouble for filing a false police report. Even if he didn't get into trouble it could make the police less likely to help him in the future.

I filed the report with the police department per my attorney's advice, but on the report form in California it has boxes to check exactly what I am filing...so I checked that she violated the agreement by not being at the agreed exchange spot, she refuses to send report cards, etc...boxes like that, so in no way am I filing an actual MISSING CHILD report...not sure if that makes sense. I'm confused myself how the process works so that is why I asked. Thanks!

LdiJ · Mar 12, 2005

daddenied said:
I filed the report with the police department per my attorney's advice, but on the report form in California it has boxes to check exactly what I am filing...so I checked that she violated the agreement by not being at the agreed exchange spot, she refuses to send report cards, etc...boxes like that, so in no way am I filing an actual MISSING CHILD report...not sure if that makes sense. I'm confused myself how the process works so that is why I asked. Thanks!

You did it exactly right. Others appeared to be advising you to file as if the children were missing or abducted and that could have been a real problem for you....since they obviously haven't moved or left the area. I agree with Stealth, you need to file for contempt against mom for not obeying the court orders.

stealth2 · Mar 13, 2005

I think the problem is that the subject line of this thread refers to child abduction AND OP stated that he called the Child Abduction Unit. Perhaps that was a misunderstanding. But this is NOT a child abduction situation.

Police Report and Child Abduction Unit

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