What happens when...

[BlueBrained]

an ex spouse refuses to return children as written in the divorce decree?

Can the scum bag be charged with kidnapping?

[Razzy]

I'm no expert but if the person isnt in contact with you and doesnt have a valid excuse, or is blatantly not returning them to you, then yeah, that'd be classified as kidnapping, I would think.

[210]

In most states, it's "custodial interference"...

[King]

an ex spouse refuses to return children as written in the divorce decree?

Can the scum bag be charged with kidnapping?

Is this in Missouri?
Who has primary custody?

[BlueBrained]

Is this in Missouri?
Who has primary custody?

The divorce was in Illinois, he lives in IL we live in MO. My wife has primary custody.

The police were called after he called my wife and said he was not bringing them back. The police issued him some sort of citation and he is now bringing the kids back.

[King]

The divorce was in Illinois, he lives in IL we live in MO.

The police were called after he called my wife and said he was not bringing them back. The police issued him some sort of citation and he is now bringing the kids back.

That's good. I'm not familiar with IL law, but even a Missouri court would most likely have to apply Illinois law if the divorce decree was issued there.

[lazydaze]

You seem to have a lot of problems in this custody situation.

I suggest that you stop trying to involve the legal system, as they can only make it worse. That, of course, is assuming that the non custodial parent is no threat to the children.

If the non custodial parent is a good parent, then you should do everything in your power to enable visitation, regardless of the decree stipulations.

Encourage communication between the parents. Lack of communication, or more importantly, lack of communication from the custodial parent seems to be one of the key factors of dispute in these cases. Remember, the courts really don't have a clue what is best for the situation, or the children.

Lack of emotional intelligence is the A number one dysfunction in a divorce that happens to involve children. Really, only one party suffers. The children. They feel the tension, and it can only affect them in a abnormal way.

[Jack Sparrow]

Violtaion of court order.

[BlueBrained]

You seem to have a lot of problems in this custody situation.

I suggest that you stop trying to involve the legal system, as they can only make it worse. That, of course, is assuming that the non custodial parent is no threat to the children.

If the non custodial parent is a good parent, then you should do everything in your power to enable visitation, regardless of the decree stipulations.

Encourage communication between the parents. Lack of communication, or more importantly, lack of communication from the custodial parent seems to be one of the key factors of dispute in these cases. Remember, the courts really don't have a clue what is best for the situation, or the children.

Lack of emotional intelligence is the A number one dysfunction in a divorce that happens to involve children. Really, only one party suffers. The children. They feel the tension, and it can only affect them in a abnormal way.

He is not a good parent, he is a piece of shit plain and simple. He does not pay his child support, constantly lies to the kids, has used drugs in their presence, he constantly argues with his live in girlfriend in the presence of the kids, tells the kids that their mom is a bitch, I could go on and on...

We (including the kids) do not want them to go when he has visitation.

[Razzy]

He is not a good parent, he is a piece of shit plain and simple. He does not pay his child support, constantly lies to the kids, has used drugs in their presence, he constantly argues with his live in girlfriend in the oresence of the kids, tells the kids that their mom is a bitch, I could go on and on...

We (including the kids) do not want to go when he has visitation.

I'd take the scum back to court then if hes being that way. Get his visitation reduced, changed to supervised, stipulate that he has to be tested for drugs periodically, make him pay all the travel expenses, whatever you can do.

[lazydaze]

He is not a good parent, he is a piece of shit plain and simple. He does not pay his child support, constantly lies to the kids, has used drugs in their presence, he constantly argues with his live in girlfriend in the oresence of the kids, tells the kids that their mom is a bitch, I could go on and on...

We (including the kids) do not want to go when he has visitation.

Then, I suggest that you motion for a third party custody evaluation, with recommendations to be adopted by both parties. The cost is high, and the process is tedious, everything will be nitpicked. But, if he is who you say he is, and you can document that, then the cost is well worth it to protect the children.

My only suggestion again, is to tell only the truth. Exaggerating or slandering will only hurt the children long term.

[Jack Sparrow]

You cant make him get tested for anything.

But what you can do is bring all this up to your attorney, have the kids testify - wont be in front of dad - and make the visitation supervised. Sometimes when it goes that route fathers often give up the visitation because its a hassle and they realize the kids dont want to be with them.

I'd list every negative that has gone on and even list how many times he has been late or refused to bring them back. Its all about the kids and most attorneys and all judges will see/read whats going on and side with you guys. Its in the best interest of the kids to not have to put up with that.

[BlueBrained]

I want what is best for the kids and unfortunately we do not have the money to get done what you are saying...

[Jack Sparrow]

I want what is best for the kids and unfortunately we do not have the money to get done what you are saying...

I am sorry to hear that. Not sure what else there is to do. Document everything that goes on and maybe one day he will slip up and you'll be able to get an attorney to help you out.

[King]

I want what is best for the kids and unfortunately we do not have the money to get done what you are saying...

You could simple refuse to continue visitation privileges - but make sure that the reason for cutting off visitation is his refusal to honor the child support payment decree.

Make him take you to court (which he probably won't). Even if he does, if he has not been making child support payments, he will get no sympathy from the court.