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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-15-2017, 10:30 PM
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Default child abduction ?

can the police lay child abduction charges when a parent keeps the child for a long weekend?

can the police even get involved when the order has no police clause?

whats the worst that could happen if a access parent keeps the child for the extra day on a long weekend? parent and lawyer already requested access

weve mentioned the child will be staying if we dont hear from her

if there is no response before the access starts, is that a safe time to ignore all further messages? I dont check or read messages from other parent when it is my access time .i jjust enjoy the access. nor do i change my long weekend plans to suite other peoples needs

Last edited by trinton; 02-15-2017 at 10:37 PM.
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Old 02-15-2017, 10:50 PM
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Judges frown upon people who self-help with regards to child custody. In fact people have lost custody for doing this.

If you disagree with the current custody and access schedule you should go through the court process or suffer the prospect of potentially have all access withdrawn.
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Old 02-15-2017, 10:53 PM
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Originally Posted by arabian View Post
Judges frown upon people who self-help with regards to child custody. In fact people have lost custody for doing this.

If you disagree with the current custody and access schedule you should go through the court process or suffer the prospect of potentially have all access withdrawn.
we've been back before the court for 3 years now. it's been nothing but a gong show and is on going.

the final order was on consent when i had no legal advice and is completely unreasonable


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Last edited by trinton; 02-15-2017 at 10:56 PM.
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Old 02-15-2017, 10:58 PM
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Originally Posted by arabian View Post
Judges frown upon people who self-help with regards to child custody. In fact people have lost custody for doing this.

If you disagree with the current custody and access schedule you should go through the court process or suffer the prospect of potentially have all access withdrawn.
the mother has selfed helped many times on holidays and never lost custody or even come close to it. not even slap on wrist.

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Old 02-16-2017, 12:20 AM
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If I recall you didn't have competent legal advice in place when that happened correct?

Play the high road. Frustrating yes and time-consuming. Look at what LF32 went through. He played the high road (even when I was hoping he wouldn't) and he seems to be very content with his 50/50 arrangement today. Perhaps re-read his threads. Go back to the very start. I think you will find some useful stuff there. He had very limited $$ and a lousy lawyer but in the end he got what he wanted. Persistence and Patience paid off for him.
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Old 02-16-2017, 08:35 AM
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If I recall you didn't have competent legal advice in place when that happened correct?

Play the high road. Frustrating yes and time-consuming. Look at what LF32 went through. He played the high road (even when I was hoping he wouldn't) and he seems to be very content with his 50/50 arrangement today. Perhaps re-read his threads. Go back to the very start. I think you will find some useful stuff there. He had very limited $$ and a lousy lawyer but in the end he got what he wanted. Persistence and Patience paid off for him.
good point. and I have been doing that. But you can only take in so much crap before the point of enough is enough.

I will have a read through his posts and see what's up.

Thanks for your help.
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Old 02-16-2017, 09:41 AM
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Quote:
Originally Posted by trinton View Post
can the police lay child abduction charges when a parent keeps the child for a long weekend?

can the police even get involved when the order has no police clause?


whats the worst that could happen if a access parent keeps the child for the extra day on a long weekend? parent and lawyer already requested access

weve mentioned the child will be staying if we dont hear from her

if there is no response before the access starts, is that a safe time to ignore all further messages? I dont check or read messages from other parent when it is my access time .i jjust enjoy the access. nor do i change my long weekend plans to suite other peoples needs
No and no. The child has not been abducted - the child is safe with a legal guardian, and the police are not going to put themselves in the position of deciding who should have the child.

But this is not the time to be pushing limits with long weekends. If you do not have an order saying that you keep the child for an extra day when Monday is a holiday, you should return the child on Monday. Pulling stunts like not returning the child and not communicating with the other parent over the weekend will only hurt you in the end if you're trying to increase your access through legal means.

The situation is frustrating, but "enough is enough" is not a good enough reason to escalate the tension between you and ex.

Get a good lawyer, go back to court, get a final order which covers these situations. There will be plenty of long weekends in the future.
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Old 02-16-2017, 09:43 AM
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Quote:
Originally Posted by stripes View Post
not communicating with the other parent over the weekend will only hurt you in the end if you're trying to increase your access through legal means.

The situation is frustrating, but "enough is enough" is not a good enough reason to escalate the tension between you and ex.

Get a good lawyer, go back to court, get a final order which covers these situations. There will be plenty of long weekends in the future.
i have been communicating (couple of times).no responses. i have a lawyer and am before court as well. my lawyer has communicated as well. we are both being ignored.

we've mentioned our proposal will become agreement if there is no response from her... good enough reason to keep child the extra day?

errrr


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Old 02-16-2017, 02:18 PM
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Quote:
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i have been communicating (couple of times).no responses. i have a lawyer and am before court as well. my lawyer has communicated as well. we are both being ignored.

we've mentioned our proposal will become agreement if there is no response from her... good enough reason to keep child the extra day?

errrr


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Don't do it Trinton. I agree that you need to take the high road and keep fighting for it through legal means. As frustrating as it may be.


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Old 02-16-2017, 03:17 PM
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When my husband and his ex first separated she had the kids for Easter weekend. The following year was his weekend with them. Well she told him he could only pick them up if he would bring them back Saturday rather than keep them the whole weekend... even though his regular weekend was Friday to Sunday... she wouldn't let up so he told her sure just to get his kids. When he picked the kids up he sent her an email and stated that because it was his regular weekend he would be keeping the children for the duration of the weekend like she had them last year. She called the cops, the cops called him and he explained the situation and said he would have them back to her at 4pm Monday. The cops stated that was fine and communicated that to mom. Nothing was done to Dad. Mom was being unreasonable by attempting to refuse access to Dad.

Cops told Dad that because they didn't have a police enforcement clause in their agreement there really wasn't anything they could do because the children were not in danger.

I don't support this action but in your case you have requested and gave notice. The cops most likely won't do anything, especially if you are in court and you are civil with them.


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