Legal Question in Family Law in Minnesota
my ex wife and i have joint legal custody and i have sole physical custody of our two children she has visitation with the kids 1,3 weekends of the month. she missed her last weekend and middle of the week 3 hr visit and now thinks she can make up hours herself so she isnt returning them to me. court order from divorce says in event the weather, or other unforeseen event prohibits the expected exchange then makeup time is in order and if the court finds that a person has been deprived the judge will make a decision in court the cops are refusing to get into it and help me i filed a motion today for supervised visits if she gets any but she says she isnt giving the kids back until she feels like it and they were suppose to be back 2 days ago court ordered. now she is saying she will keep them until she feels she wants to give them back. is there any advice on how to get them back if the cops, social services or the county WILL NOT help even when i have it in writing.
2 Answers from Attorneys
I suggest that you meet with an attorney immediately. There is a motion called an ex parte motion which can be used in emergencies but I recommend that you use the services of an attorney to do this. I think you need to get into court as soon as possible since the police are not willing to help you.
There is no quick solution to such an issue. You may seek an ex parte order, and aMotion would be scheduled in the future for the court to hear the issue. Given that the visit is only 3 additional hours, it is unlikely to warrant the costs required for an ex parte motion. You should consult with legal counsel to address the issue.
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