Can the police make her give me the kids w/a specific parenting plan

[Reqless607]

What is the name of your state (only U.S. law)? MT/MO
my divorce will soon be final and a very specific parenting plan will be in place. My ex wife had defaulted on the divorce last year so what I have in my parenting plan will be final so says my lawyer. last year my ex was difficult when I tried picking up our 2 kids for christmas because the interim parenting plan wasnt specific enough and that is the reason I call the soon to be amended parenting plan "specific" stating dates and time.
My lawyer a while back said I would have problems enforcing meeting half way as the final parenting plan will be filed in MT and she now lives in MO (she moved out of the state we lived in the day I filed divorce and they couldn't make her come back)

So my question is, Im not so worried about meeting half way as much as I am her further preventing me seeing my kids for the sake of being bitter( havent seen or spoke with my kids since this past xmas because of her) and yes I am current on support and medical coverage

If I go to pick up my kids and have the final court ordered parenting plan with a date and a time to get the kids and she says no because that's how she is, can I call a cop to come with me to go get the kids and the cop be able to make her give me the kids???
Or am I good dad that is **** outa luck?? I really feel the law is failing me, I used to be very close with my kids
and yes I have a lawyer but I wont be able to talk to her again for a while and Im wondering this question now, thanks for any help

 

[Proserpina]

What is the name of your state (only U.S. law)? MT/MO
my divorce will soon be final and a very specific parenting plan will be in place. My ex wife had defaulted on the divorce last year so what I have in my parenting plan will be final so says my lawyer. last year my ex was difficult when I tried picking up our 2 kids for christmas because the interim parenting plan wasnt specific enough and that is the reason I call the soon to be amended parenting plan "specific" stating dates and time.
My lawyer a while back said I would have problems enforcing meeting half way as the final parenting plan will be filed in MT and she now lives in MO (she moved out of the state we lived in the day I filed divorce and they couldn't make her come back)

So my question is, Im not so worried about meeting half way as much as I am her further preventing me seeing my kids for the sake of being bitter( havent seen or spoke with my kids since this past xmas because of her) and yes I am current on support and medical coverage

If I go to pick up my kids and have the final court ordered parenting plan with a date and a time to get the kids and she says no because that's how she is, can I call a cop to come with me to go get the kids and the cop be able to make her give me the kids???
Or am I good dad that is **** outa luck?? I really feel the law is failing me, I used to be very close with my kids
and yes I have a lawyer but I wont be able to talk to her again for a while and Im wondering this question now, thanks for any help

The cops won't force Mom to hand over the kids - they'll tell you it's a civil matter.

You'd then have to file for contempt.

 

[LdiJ]

The cops won't force Mom to hand over the kids - they'll tell you it's a civil matter.

You'd then have to file for contempt.

I am going to disagree a little. The cops cannot force mom to turn over the kids, but if the order is very specific, many cops will attempt to convince mom to turn over the kids...and many cops won't. It all depends on the specific cop and how busy they are that day.

 

[Proserpina]

I am going to disagree a little. The cops cannot force mom to turn over the kids, but if the order is very specific, many cops will attempt to convince mom to turn over the kids...and many cops won't. It all depends on the specific cop and how busy they are that day.

Uh..you didn't disagree with me whatsoever. The cops will NOT force Mom to hand over the kids.

Are you going to tell us that you know of someone who had a similar case wherein one parent moved out of state quite awhile ago and then had the cops in that state convince him/her to hand over the kids to the other parent who hasn't had any contact with the kids in almost 8 months, simply due to the presence of an out-of-state custody order?

I'm not seeing it, Ld.

I'm not seeing it.

Sure, it's not impossible.

But then, I could also be buying my Airstream this weekend, too.

 

[LdiJ]

Uh..you didn't disagree with me whatsoever. The cops will NOT force Mom to hand over the kids.

Are you going to tell us that you know of someone who had a similar case wherein one parent moved out of state quite awhile ago and then had the cops in that state convince him/her to hand over the kids to the other parent who hasn't had any contact with the kids in almost 8 months, simply due to the presence of an out-of-state custody order?

I'm not seeing it, Ld.

I'm not seeing it.

Sure, it's not impossible.

But then, I could also be buying my Airstream this weekend, too.

Actually I have, and you have too, we have seen it here on these forums. I have seen it in real life too. Admittedly the "in real life" has more often been with gpv cases than parent vs parent cases but not all cops refuse to get involved at all.

They won't force, but some of them will try to convince or even try to intimidate a parent into complying with the court orders. I do agree however that many of them won't get involved at all, particularly if they are busy.

 

[CJane]

I think OP needs a MO consult on this one. A MISSOURI order contains a clause (which quotes MO statute) that says law enforcement SHALL assist in the enforcement of custody orders. And they will, by my own experience.

However, I don't know if they'll enforce out of state orders.

 

[MichaCA]

I know police generally don't like to get involved as its a civil matter, etc., however one time I got a big surprise. I called the sheriff when my ex refused to return our daughter. I asked that he ASK dad to return child, according to the court order in my hand. The sheriff did ask, dad coped an attitude, and to my surprise and shock, the sheriff made me follow him to dads house - another county - arrested dad, and delivered child to me.

My experience is it really depends on the officer if they feel like getting involved.