I know this topic has already been discussed and hotly debated for by many people, but I just wonder what WILL actually happen if Parent-A leaves with the kid without Parent-B in any agreement. I want to re open it up because I would really appreciate if someone can give some step by step analysis or advice as I can see that this might happen to me one day…
Say if a common law couple are not getting along well, and one day mom picks up the kid from daycare and decides not to come home (where the child has been living since birth), with the intention to continue living away from dad so that she can keep sole custody. What will happen and what actions should dad take to get the child back?
1. If the kid is small 1-1/2 years old, would the young age be a factor in favor to the mom so that they can be together? This has been her argument. She took the maternity leave but has returned work for many months.
2. If after a couple of days she still refuses to return the kid, I understand that even if you call the police, the police would not forcefully help you to take the kid from mom and return her to dad. So is it a good idea to call the police so at least I will have an official witness?
3. Many people have suggested going to court for an emergency motion to ask a judge for a temporary order to have the child returned. Is this a complicated process? Do you need a lawyer to help out at this stage? Can you just simply fill the forms and file with court?
4. What if you don’t know her exact address (well, you may know the physical address but again the postal code etc.)? How would you have her served by court (in such cases how will I or the court notify her?) What if she doesn't let me know her where-about?
5. How long will this order be effective? What happens during this time? If the court does grant the Dad some sort of custody, how will the Mom see the child? I think for the best interest of the child, mom should come see the child and even for some overnights at her place. But how should this be determined?
6. Will the action itself have any negative impact on the parent who takes away the child when eventually the case is in court? And possibly by how much? Will the Judge see this action less cooperative on Mom’s side?
7. Is it a sure thing for the court to actually order the child returned?
Sorry for the too many questions. But for the those of you who have any experience, would someone give a little insight?
Say if a common law couple are not getting along well, and one day mom picks up the kid from daycare and decides not to come home (where the child has been living since birth), with the intention to continue living away from dad so that she can keep sole custody. What will happen and what actions should dad take to get the child back?
1. If the kid is small 1-1/2 years old, would the young age be a factor in favor to the mom so that they can be together? This has been her argument. She took the maternity leave but has returned work for many months.
2. If after a couple of days she still refuses to return the kid, I understand that even if you call the police, the police would not forcefully help you to take the kid from mom and return her to dad. So is it a good idea to call the police so at least I will have an official witness?
3. Many people have suggested going to court for an emergency motion to ask a judge for a temporary order to have the child returned. Is this a complicated process? Do you need a lawyer to help out at this stage? Can you just simply fill the forms and file with court?
4. What if you don’t know her exact address (well, you may know the physical address but again the postal code etc.)? How would you have her served by court (in such cases how will I or the court notify her?) What if she doesn't let me know her where-about?
5. How long will this order be effective? What happens during this time? If the court does grant the Dad some sort of custody, how will the Mom see the child? I think for the best interest of the child, mom should come see the child and even for some overnights at her place. But how should this be determined?
6. Will the action itself have any negative impact on the parent who takes away the child when eventually the case is in court? And possibly by how much? Will the Judge see this action less cooperative on Mom’s side?
7. Is it a sure thing for the court to actually order the child returned?
Sorry for the too many questions. But for the those of you who have any experience, would someone give a little insight?
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