Legal Question in Family Law in Virginia
Are my children overseas hostages?
I was granted full custody of the three children of the marriage at my divorce hearings. Three years later my ex-husband and his family were assigned by the Army to Germany. We agreed on the children being able to spend time w/his new family and experiencing life abroad for two years. We had emergency hearings to grant him joint custody. The court document states that after two years in order for them to stay longer they would return and we would have an evaluation on their adjustment and feelings to stay w/me or go back. At the two year mark my children flew back and told my horror stories. I filed neglect charges and contacted my ex's Commander. My ex told the police and showed copies of his orders stating they should be with him. The police said they wanted to talk to my children in one room while making copies of my court documents in another. They then physically removed me from the police station and gave my children to my ex-- I haven't seen them-- 3 years--Legal counsel continues to state they ''must be in country'' to take actions on their return
2 Answers from Attorneys
Re: Are my children overseas hostages?
If you have credible information that your children have been been abused and/or neglected, this information should be reported to the child protective services agency in the state and jurisdiction where the children were last in residence. This agency will normally be empowered
to conduct an investigation even though the children are now overseas under the auspices of the U.S. Army.
Re: Are my children overseas hostages?
In your question, you state: "Legal counsel continues to state they ''must be in country'' to take actions on their return."
I assume the legal counsel you refer to is your attorney, who should know all the facts in this case. However, it is not clear based on the facts you have outlined in your question why this is so. You may wish to seek a second opinion. Is the custody order a Virginia order? (You show this as a Virginia and Texas question. Was it a Virginia order and you are now living in Texas?) If so you may want to discuss your case with a Virginia attorney who is knowledgable in the area of Virginia family law. In any case a second opinion may result in the second attorney seeing something the first attorney over looked.
Good luck.
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