Legal Question in Family Law in Arizona
Father won't abide by court orders
My ex took my children, fled to AZ and filed for divorce, asking for full custody. Later he signed an agreement allowing me to take the children home to TX. I went to AZ the first of July, 2000, to pick them up but he refused to allow the children to take their belongings.
The divorce was final 10/2000. My ex did not get custody - I did. The judge decreed that the children's belongings be returned immediately.
Child support was set; is not being paid. Judge's secretary admits support was to start 9/2000. Judge "forgot" where my ex works, did not fill out a support order. I supplied my ex's employer info; asked when the order could be completed. The secretary replied, "I don't know. Whenever the Commissioner has time."
My ex stated via e-mail, "I'll return them (childrens' belongings) when I'm damn good and ready." The judge's secretary told me that there is nothing that can be done about this because I live in Texas.
How can I get my ex to return the childrens' things, get the child support order enforced and find out if Texas has any place in enforcing the child support order?
1 Answer from Attorneys
Re: Father won't abide by court orders
Ask your lawyer in AZ to file a motion for contempt if the divorce decree includes language requiring return of the children's things. Your lawyer in AZ should be able to get the Commissioner to sign the withholding order also.
After the children have been in TX 6 months, you can petition the court in your home county to transfer the case to your home county. If you still haven't received child support by that time, the transfer can also include an request for interstate withholding.
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