Child being withheld

[jmanning]

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

In my divorce joint custody was awarded. The schedule was set 3, 4, 4, 3( 3 days with me 4 with my ex, 4 with me 3 with my ex) then rotate. On Nov 1st my EX physically assaulted me when he came to pick our son up for visitation. He has yet to bring him back. On Dec 13th I was awarded a 1 yr ex-parte on him, he did not show for court. I cannot afford an attorney and I am at the bottom of a very long line with legal aid. I cannot get any help seeing my son! My ex will not even let me speak with him on the phone. I still have his Christmas gifts here unwrapped. Is there any thing I can do? He is only 5 yrs old!

 

[majomom1]

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

In my divorce joint custody was awarded. The schedule was set 3, 4, 4, 3( 3 days with me 4 with my ex, 4 with me 3 with my ex) then rotate. On Nov 1st my EX physically assaulted me when he came to pick our son up for visitation. He has yet to bring him back. On Dec 13th I was awarded a 1 yr ex-parte on him, he did not show for court. I cannot afford an attorney and I am at the bottom of a very long line with legal aid. I cannot get any help seeing my son! My ex will not even let me speak with him on the phone. I still have his Christmas gifts here unwrapped. Is there any thing I can do? He is only 5 yrs old!

Take your CO and go to the court house. Missouri has a Family Access Motion that you can file. There is no fee and the clerk will help you fill it out.

Family Access Forms

 

[Just Blue]

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

In my divorce joint custody was awarded. The schedule was set 3, 4, 4, 3( 3 days with me 4 with my ex, 4 with me 3 with my ex) then rotate. On Nov 1st my EX physically assaulted me when he came to pick our son up for visitation. He has yet to bring him back. On Dec 13th I was awarded a 1 yr ex-parte on him, he did not show for court. I cannot afford an attorney and I am at the bottom of a very long line with legal aid. I cannot get any help seeing my son! My ex will not even let me speak with him on the phone. I still have his Christmas gifts here unwrapped. Is there any thing I can do? He is only 5 yrs old!

What happened when you reported the assault to the police?

 

[Proserpina]

What happened when you reported the assault to the police?

You know I'm loathe to assume anything..but I'd think that's what the ex parte order was about. He assaulted her Nov, she reported it, filed something in court and it was awarded Dec 13.

(Yes, I realize OP didn't include "restraining order" in her post but it seems likely)


Am I reading it wrong?

 

[jmanning]

Yes I got a 1 yr restraining order on him. The judge also gave me full custody, which I found out is not enforceable. The police said that they have never seen a circuit clerk judge over rule on a custody order already judge ordered in a divorce degree. But the judge did it because he was with holding my son from me. Either way it did me no good since the police wont enforce it. I just want to see my son. Even though we have joint custody it was ordered in my decree that my residence is my sons residence. I just cant beileve he can keep him and there is nothing I can do!

 

[majomom1]

Yes I got a 1 yr restraining order on him. The judge also gave me full custody, which I found out is not enforceable. The police said that they have never seen a circuit clerk judge over rule on a custody order already judge ordered in a divorce degree. But the judge did it because he was with holding my son from me. Either way it did me no good since the police wont enforce it. I just want to see my son. Even though we have joint custody it was ordered in my decree that my residence is my sons residence. I just cant beileve he can keep him and there is nothing I can do!

File the Family Access Motion. Take both your Court Order and the Restraining Order. The clerk will help you fill the form out and there is no fee to file it.

He will have 10 days to respond once he is served and they will set a hearing within about 2 weeks depending on where you are. Once he is served, stay on the court to set a hearing date.

Turn on your PM (private messages). Top left of your screen, under "User CP".

 

[jmanning]

Thank you mojomom I will go out tomorrow morning and file it! God I hope this works!

 

[Ohiogal]

Yes I got a 1 yr restraining order on him. The judge also gave me full custody, which I found out is not enforceable. The police said that they have never seen a circuit clerk judge over rule on a custody order already judge ordered in a divorce degree. But the judge did it because he was with holding my son from me. Either way it did me no good since the police wont enforce it. I just want to see my son. Even though we have joint custody it was ordered in my decree that my residence is my sons residence. I just cant beileve he can keep him and there is nothing I can do!

If it was an EX PARTE order then dad was not served and not going to be there -- due to the definition of ex parte. When is the FULL hearing on the restraining order?

And police will NOT enforce custody at all since custody is a CIVIL issue.

 

[jmanning]

The 1st hearing was at the end of Oct. At that time he had been with holding my son for 2 weeks. When we appeared in Court the judge scolded him and told him to resume the Court ordered visitation schedule. The full hearing was set for the 13th of Dec. He dropped my son off 2 days later for my 4 day visitation. When he picked him back up on the 7th of Nov, he assaulted me a 2nd time and left 14 bruises. I reported this assault also. I appeared on the 13th of Dec and he did not. His lawyer was there and requested to be removed as his attorney due to the fact that he had ceased all communication with her. That is when the judge gave me the 1 yr restraining order and and full custody. He was very upset that my son was once again being with held and that my EX did not appear. He was served the restraining order on Dec 23rd. Then the police started with the decision as to weather they could enforce the child custody due to the fact that it was part of the restraining order. It was decided yesterday that they could not. I am going to file the Family Action Motion today. On Friday it will be 2 months since I have seen my son.

 

[LdiJ]

The 1st hearing was at the end of Oct. At that time he had been with holding my son for 2 weeks. When we appeared in Court the judge scolded him and told him to resume the Court ordered visitation schedule. The full hearing was set for the 13th of Dec. He dropped my son off 2 days later for my 4 day visitation. When he picked him back up on the 7th of Nov, he assaulted me a 2nd time and left 14 bruises. I reported this assault also. I appeared on the 13th of Dec and he did not. His lawyer was there and requested to be removed as his attorney due to the fact that he had ceased all communication with her. That is when the judge gave me the 1 yr restraining order and and full custody. He was very upset that my son was once again being with held and that my EX did not appear. He was served the restraining order on Dec 23rd. Then the police started with the decision as to weather they could enforce the child custody due to the fact that it was part of the restraining order. It was decided yesterday that they could not. I am going to file the Family Action Motion today. On Friday it will be 2 months since I have seen my son.

You cannot pick up your child from preschool or daycare?

 

[jmanning]

I had him in pre-school until Nov when he took him. He never took him back to school. He doesnt work and lives with his Mother so there is no daycare to pick him up from.