Is it child abduction?
My ex-husband refuses to return our 11-year-old twins to me at the end of the summer. He states they want to live with him. I am the custodial parent. Is his refusal to send them child abduction? What should I do?
Re: Is it child abduction?
Mr. Steuart has it right. Start with the least stress to the children by filing (through counsel) a motion to have him held in contempt for failing to follow the order (and then blaming the kids).
If service of that motion does not bring his attention to the portential penalties, just follow through with it.
Chances are very, very good that the Court will order him to hand them over and give you make up time and order him to pay costs and fees for intransigence.
In the event this doesn't work, your next step is to ask the court to issue a writ of habeus corpus requiring the sheriff to go get the twins.
You absolutely want an attorney who practices family law to do this for you; this is not self-help law.
Hope this helps - Elizabeth Powell
Re: Is it child abduction?
Mr. Steuart has it right. Start with the least stress to the children by filing (through counsel) a motion to have him held in contempt for failing to follow the order (and then blaming the kids).
If service of that motion does not bring his attention to the portential penalties, just follow through with it.
Chances are very, very good that the Court will order him to hand them over and give you make up time and order him to pay costs and fees for intransigence.
In the event this doesn't work, your next step is to ask the court to issue a writ of habeus corpus requiring the sheriff to go get the twins.
You absolutely want an attorney who practices family law to do this for you; this is not self-help law.
Hope this helps - Elizabeth Powell
