Legal Question in Family Law in New York
Mom won't return kids, need help now
My husband has his 3 girls(ages 13,11,8) for Spring Break(our vacation this year) which ends on Wed, April 11th. They return to school on the 12th. His Ex, with whom he has joint custody(she has residential) got the girls Easter morning @10am (her holiday this year)and was supposed to return them @ 8pm. She never did. My husband went to get them, she refused to give them back. The police were called, and a report was written. This is the third time she hasn't returned the girls to us. The police said take her to court. Now she got away with it again. Does the non-custodial parent have any recourse? Can he sue her in Civil Court? Maybe the threat of some sort of fine will get her to follow the court order that is in effect. Does a father who actually want's to see his kids have any rights? By the time we go to court, the vacation will be over. Please help!!
2 Answers from Attorneys
Re: Mom won't return kids, need help now
This behavior would not be appreciated by the court. There is a court order that she is clearly violating, your busband should file a Violation petition and request that the time be made up by adding a week to summer or something like that. He can also ask for counsel fees for making the appplication to the Court. You can contact me directly at my email address.
Re: Mom won't return kids, need help now
You and your husband have got to get serious about punishing her for this behavior. She needs to be hauled back into family court and your husband should demand that he get the next holiday and that she be responsible for the legal fees in having to hold her in contempt.
If you have an attorney he should be able to clue the court into what is happening. If you don't have one, you should.
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