extremely concerned
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Post by extremely concerned on Jun 15, 2012 22:54:03 GMT -5
what can a non custodial parent do about the custodial parent leaves state and dont notify the courts, there is a visitation order and child support is paid. the police say it is a civil matter. meanwhile she has already been gone, fled to florida. the child is 13 and didnt want to go. she evaded the courts trying to serve her a restraint order to leave. now the only thing they say they can do is file a violation on the visitation order. what to do? anybody got any answers or suggestions please let me know
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Post by Brett on Jun 16, 2012 11:18:41 GMT -5
In what state? I am running into almost the exact same thing here in Columbus, Ohio and would welcome any advise.
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Post by americanbrett on Jun 16, 2012 11:31:43 GMT -5
My 13 yr old warned me this was gonna happen and aske me to get it stopped. I hired an atty and filed the restraing order to stop her from moving him. The mom avoided being served and took him anyway, She has quit her job of 20yrs and disapeared with him. I have filed a contempt charge, but whats that gonna do if we cant find them? I know my son will contact me when he can, So I sit here by the phone waiting on a call. Ive tried filing a missing persons report, the police wont let me because I am not the custodial parant, Ive tried the missing children, FBI and I just keep getting doors slammed in my face. I feel so helpless. Is there any resources out there that help non custodial parents. If not there shoud be.
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Post by watcher on Jun 16, 2012 15:16:29 GMT -5
Look up your state codes/statutes for "interstate interference with custody", which is a felony in most states and file charges (motion the court) against her. Once filed a case is open and then the FBI, police etc should respond.
Try to find a woman who was a non-custodial parent where the father took the child against court orders and moved out of state, that pursued the father legally and see how they did it.....the police and the courts usually will listen to a woman and go after the father, biased as that sounds, it's true.
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Post by Jim on Jun 16, 2012 17:56:09 GMT -5
Original poster extremelyconcerned, are you the same person as american brett? Please either of you respond and let me knowIf so, what state are you in? Also I feel what watcher said, quoted below, makes a lot of sense. These types of situations are pretty bad for the father, more so though for the child (ren) involved.....totally parental alienation in my opinion, besides being illegal. Police always say it's a civil matter in these situations, it's ridiculous as we all know interstate interference with custody is a crime in every state on some level...... Let us know what state your in..... Look up your state codes/statutes for "interstate interference with custody", which is a felony in most states and file charges (motion the court) against her. Once filed a case is open and then the FBI, police etc should respond. Try to find a woman who was a non-custodial parent where the father took the child against court orders and moved out of state, that pursued the father legally and see how they did it.....the police and the courts usually will listen to a woman and go after the father, biased as that sounds, it's true.
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Post by extremelyconcerned on Jun 17, 2012 12:15:43 GMT -5
no i am not the same person i am his girlfriend, but we live in columbus, ohio. the only thing they told us we can do is file the violation on the visitation order. we also think she falsefied her address to the courts so i am sure that would be another charge somewhere down the road. the only thing is they are telling us well if they can find her they will serve her. kinda like the blind leading the blind.
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Post by americanbrett on Jun 17, 2012 12:31:02 GMT -5
sorry for the confusion framed father, I am americanbrett, I am seeking any heip I can get to locate my son. He did not want to go and begged me to get it stopped. I tried and am still trying. My son told me they were going to florida and they were going underground, meaning changing names,ssn etc and please dont move or change phone# dad. I will call! I think this is a form of parental kidnapping, but the courts dont see it that way. If I had done this I would be in jail!!! Where can I find help in locating them? We are racking our brains trying everything and no one seems to care. Has any of you ever been threw this? We have made a facebook page called bring kyle home trying to get the message out there. thanks sincerely Brett
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Post by Harrison on Jun 18, 2012 15:26:47 GMT -5
AB, I don't have time today to go throught OH law, I need to rework my summary judgment motion for federal dist. court, give me a day,sorry. But in general Parental Interference is brought up through contempt charges, any were from 2 to 4. The exception to this is crossing state lines, that's often a one way ticket to a class C felony. Once the charge is filed in motion under the case No. of the visitation order (it should cost nothing to file) then as you do not have her address service by notification in the news paper may be the only alturnitive. This is just in general and I'll be happy to help your needs after I get a look at OH law and get some more info. from you.
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Post by Jim on Jun 18, 2012 17:12:08 GMT -5
sorry for the confusion framed father, I am americanbrett, I am seeking any heip I can get to locate my son. He did not want to go and begged me to get it stopped. I tried and am still trying. My son told me they were going to florida and they were going underground, meaning changing names,ssn etc and please dont move or change phone# dad. I will call! I think this is a form of parental kidnapping, but the courts dont see it that way. If I had done this I would be in jail!!! Where can I find help in locating them? We are racking our brains trying everything and no one seems to care. Has any of you ever been threw this? We have made a facebook page called bring kyle home trying to get the message out there. thanks sincerely Brett Thanks for clarifying, it just looked a bit confusing pertaining to the first two posts. What watcher and Harrison said makes clear sense, we will try to help you in a day or so as I am up to my neck in stuff too right now. Harrison will probably get back online here before I do.
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Post by extremelyconcerned on Jun 18, 2012 19:57:08 GMT -5
thanks much guys we appreciate any help we can get. we have got enough proof right now for it to be considered fleeing the state, we are now waiting on att. to let us know what we can do next. she says she has never done a case like this and is not sure and is checking on what brett can do and what he can't. hopefully tomorrrow will bring us more info and a little closer. His oldest daughter is also checking in with a guy with the amber alert program to see what he has to say and what we can do to get to that quicker. once we do that the fbi said they will get involved. keep us in your guys prayers. hope all this turns out good and isnt drug out too long.
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Post by Harrison on Jun 18, 2012 21:43:35 GMT -5
codes.ohio.gov/orc/3109.051(K) If any person is found in contempt of court for failing to comply with or interfering with any order or decree granting parenting time rights issued pursuant to this section or section 3109.12 of the Revised Code or companionship or visitation rights issued pursuant to this section, section 3109.11 or 3109.12 of the Revised Code, or any other provision of the Revised Code, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney’s fees of any adverse party, as determined by the court, that arose in relation to the act of contempt, and may award reasonable compensatory parenting time or visitation to the person whose right of parenting time or visitation was affected by the failure or interference if such compensatory parenting time or visitation is in the best interest of the child. Any compensatory parenting time or visitation awarded under this division shall be included in an order issued by the court and, to the extent possible, shall be governed by the same terms and conditions as was the parenting time or visitation that was affected by the failure or interference. This is just a small part of a law, but a useful one!
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Post by Harrison on Jun 18, 2012 21:55:41 GMT -5
2919.23 Interference with custody. (A) No person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor a person identified in division (A)(1), (2), or (3) of this section from the parent, guardian, or custodian of the person identified in division (A)(1), (2), or (3) of this section:
(1) A child under the age of eighteen, or a mentally or physically handicapped child under the age of twenty-one;
(2) A person committed by law to an institution for delinquent, unruly, neglected, abused, or dependent children;
(3) A person committed by law to an institution for the mentally ill or mentally retarded.
(B) No person shall aid, abet, induce, cause, or encourage a child or a ward of the juvenile court who has been committed to the custody of any person, department, or public or private institution to leave the custody of that person, department, or institution without legal consent.
(C) It is an affirmative defense to a charge of enticing or taking under division (A)(1) of this section, that the actor reasonably believed that the actor’s conduct was necessary to preserve the child’s health or safety. It is an affirmative defense to a charge of keeping or harboring under division (A) of this section, that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under the actor’s shelter, protection, or influence.
(D)(1) Whoever violates this section is guilty of interference with custody.
(2) Except as otherwise provided in this division, a violation of division (A)(1) of this section is a misdemeanor of the first degree. If the child who is the subject of a violation of division (A)(1) of this section is removed from the state or if the offender previously has been convicted of an offense under this section, a violation of division (A)(1) of this section is a felony of the fifth degree. If the child who is the subject of a violation of division (A)(1) of this section suffers physical harm as a result of the violation, a violation of division (A)(1) of this section is a felony of the fourth degree.
(3) A violation of division (A)(2) or (3) of this section is a misdemeanor of the third degree.
(4) A violation of division (B) of this section is a misdemeanor of the first degree. Each day of violation of division (B) of this section is a separate offense.
Effective Date: 07-01-1996
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Post by Harrison on Jun 18, 2012 22:01:38 GMT -5
So it looks like a felony in the 5th degree in OH. Let me see if I can find you the paper work.
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Post by Harrison on Jun 18, 2012 23:43:39 GMT -5
OH seems to be limited in available forms, but it's not hard to build if the county is known??? Your att. doesn't know what to do!?! She should now!!! Remember she works for you, get the motion for parental interference filed step 1.
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Post by Harrison on Jun 18, 2012 23:52:10 GMT -5
After that is done the FBI should be able to use the child support system to find her, I'll bet she is still happy to take the CS check.
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