Legal Question in Family Law in Maine

Re: primary residence/abuse

This is a delicate situation. You could file for a Protection from Abuse on behalf of the children and, based upon the evidence you described, you have a good chance of obtaining a temporary order. The difficulty comes when a final hearing is scheduled. Technically, the children's stories to you are hearsay, and the children would be required to testify which I'm going to guess they are probably unwilling or afraid to do. There is no good answer here. It sounds like your spouse should take some action in court to eliminate visits or request that a Guardian Ad Litem be appointed.

It's difficult to respond to the second part of your question without knowing the specifics. I don't know whether there is a divorce judgment or some other domestic relations order in effect. Generally speaking, and entirely dependent upon the specific facts of your case, if you truly believe that the children are being abused, you certainly do not have to return them to the abuser. This is a civil matter and generally the police will not get involved (indeed, if they became involved, you could explain to them exactly why the children have not been returned). The abuser would have to file an action to enforce the family law judgment, or perhaps file a Motion for Contempt against your spouse, thereby involving the court where their actions could face scrutiny.

I hope this helps. Again, it's difficult to provide anything other than a general answer without the specific facts. If you have any further questions, please contact me.