Is it advisable to go get my children?
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Is it advisable to go get my children?
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Here's what's going on: my ex husband had visitation from march 18-April 25 of 2009, and he was supposed to have returned the 2 boys on April 25 by 4 pm, and i still haven't gotten them back. he keeps making excuses as to why he wont bring them back, and its all nothing but lies cuz i look into them every time he tells me why he cant/wont bring them back. It's been 2 weeks since they were supposed to be home. The POLICE wont do anything, they say its a civil matter, and i have to go to court, even though its stated in the court ordered paperwork that what he's doing is a felony. All i know is that my children want to come back home, they keep saying so(without me saying anything to them about it), and i want them home as well. but i just dont know what to do, the only thing i can think of is going out to NY(im from wisconsin) and getting them myself, but i can see his family(since he lives with his parents) giving me problems and not giving me my kids back. What he's doing just isnt fair, and the kids shouldnt be put through this. he says it's in their best interest, but he wont tell me why, and how he's acting is not in their best interest.
So is it advisable to go get my children? if so how would i be able to make sure i can get them with no problems?
Additional Details
I have contacted the NY state police, the county police, and the local police there and they say they cant do anything. i've been trying to get them to do something for the last 2 weeks.
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ouragon
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There's a strong body of OPINION on Y!A that this constitiutes kidnapping, but if it did, the police would get involved. Opinion doesn' t make law.
Have you been served that he's filed in NY? If not, you should get into court in WI and put him into a contempt of court situation. Then he's violating the law.
I understand your concern about him and his family. They might not give you back the kids.
I'm not an attorney, so you should take my advice for what it's worth, but dealing with this in court is the only way you are assured of not creating more problems yourself. What if you go to NY and it turns into a free-for-all? Jail, assault charges, your kids watching?
If this has been going on two weeks, you've been waiting a long time to go back to court. |
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PRETTY GREEN EYES
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Yes go get them, see a lawyer first and call the police when you get there as the children will tell the police they want to go home. Good luck x |
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Christina
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well they are your kids hun just go up there be calm thow you are doing niothing wrong by viisting then talk to them if he lets you try not to get angry and see what happens just go but do tell the court or to your lawer first he will have the facts to. |
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Ben
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I say its kidnapping if you have custody on the kids . Take your paperwork with you . Are they in some podunk town where they own everyone in it ? Try a U.S. Marshall . |
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Ashley Collier
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It is not a civil matter!! What your ex is doing is called kidnapping!! If you have legal documentation stating that when your children should be with you and when they should be with him all you have to do is contact the police dept in the town where the children are and they should help you. Also if you do go to get them and he refuses to let you have them contact the police dept while you are there! |
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