Can I have ex arrested?

[JRioux]

My ex and I have a custody agreement. Joint with me having primary residential. I have school years, from sept-June, she has summers July and Aug only. I am in NY and she is refusing to give me the children back. Can I have her arrested for custodial interference and/or parental kidnapping? I have to fly back Tuesday and there is no time for court motions. This is an emergency. I feel she may flee with them to keep them.

 

[t74]

My ex and I have a custody agreement. Joint with me having primary residential. I have school years, from sept-June, she has summers July and Aug only. I am in NY and she is refusing to give me the children back. Can I have her arrested for custodial interference and/or parental kidnapping? I have to fly back Tuesday and there is no time for court motions. This is an emergency. I feel she may flee with them to keep them.

Delay your plans and start calling attorneys Tuesday AM.

 

[JRioux]

Delay your plans and start calling attorneys Tuesday AM.

I literally can’t wait any longer it has been 2 days now. I have taken all the time I could. I don’t want to do it, but IS it an option?? We already have another court date for the 27th, but she is just refusing to give them back and i cannot wait here for 3 weeks

 

[Taxing Matters]

You are free to contact the police if you wish. It will be up to the police what to do after hearing your complaint and reading the court order that is in place. I cannot read the court order and the exact wording is important. But understand this: the police cannot act on your fear of what she might do. They can only act on what has been done and what the court order says.

They may tell you after you make the complaint that this is a civil matter, in which case you have to wait to resolve it with the family court. If that happens see a family law attorney ASAP to find out if you can get any emergency ex parte order requiring return of the kids before the next hearing or any other actions you might take that would get them home as soon as possible.

If the police do act on your complaint, chances are all they will do is have the kids returned to you. She can't be charged with kidnapping and the chances are they won't pursue any other charges either, at least just based on what you've said so far.

But should she be charged with something, understand that may upset your kids and may also lead to lots more trouble with your ex down the road. You could expect, for example, that if you didn't make the kids promptly available to her during her visitation time that she'd pull out all legal options to fire back at you. It's far better for the kids if parents can be flexible and reasonably civil. War between the parents doesn't really help anyone.

 

[JRioux]

You are free to contact the police if you wish. It will up the police what to do after hearing your complaint and reading the court order that is in place. I cannot read the court order and the exact wording is important. But understand this: the police cannot act on your fear of what she might do. They can only act on what has been done and what the court order says.

They may tell you after you make the complaint that this is a civil matter, in which case you have to wait to resolve it with the family court. If that happens see a family law attorney ASAP to find out if you can get any emergency ex parte order requiring return of the kids before the next hearing or any other actions you might take that would get them home as soon as possible.

If the police do act on your complaint, chances are all they will do is have the kids returned to you. She can't be charged with kidnapping and the chances are they won't pursue any other charges either, at least just based on what you've said so far.

But should she be charged with something, understand that may upset your kids and may also lead to lots more trouble with your ex down the road. You could expect, for example, that if you didn't make the kids promptly available to her during her visitation time that she'd pull out all legal options to fire back at you. It's far better for the kids if parents can be flexible and reasonably civil. War between the parents doesn't really help anyone.

I understand. I have tried being civil for 2 days and have not wanted to call the police, but she is not leaving me any choice. The custody order literally says I am to have the children from Sept 1- July 1. She is doing this out of spite, she has failed to show up to a lot of court dates and. Ow owes over 10k in support to me as well. I have been in NY for 2 days now and have no other optio. I have to go back Tuesday the latest. I have exhausted all my $$ on this trip and hotel and rental car, etc.
thank you for your response.

 

[PayrollHRGuy]

I assume you have a copy of the court order with you?