Legal Question in Family Law in Colorado

Re: Getting Kids Home

Since he is your ex-husband, there should be a court order that says when the children are supposed to be with him and when they are supposed to be with you. If your order is clear that it is your time, contact law enforcement. They may help you get your children back. However, if your order is not specific enough, you need to file a motion with the Court. A contempt of Court motion may be your best approach. It will take some time, but it can be done.

Re: Getting Kids Home

How old are the children? Do you have a court order? Does it state exactly when the children are to be with you? More info is required. When does school start? Has father enrolled the children in another school?

Best to seek local counsel to help you decide which way to go. Here are some options to consider:

If you have a specific order, Consider calling the police or other appropriate law enforcement agency and ask them to accompany you to the home of Dad to get the kids. If the kids are there and tell the police they live with you and want to come home, this will help.

If you have parental kidnapping laws in Colorado, consider filing an action with the District Attorney for parental kidnapping, and ask them to seek the return of your children.

If you do not have a specific order or your order is not specific enough such that the law enforcement agency can enforce it, file an application with the court for an order for the return of the children and a further order that states exactly when the children are to be with you and when they are to be with father.

In California the general rule on contempt is: Unless you can prove that father knowingly violated a lawful order you will not be able to prevail on a contempt claim. It may be the same in Colorado. Check this out.

Please let me know how this turns out. Thanks, Ch