Legal Question in Family Law in Virginia

Hi, Me and my husband have been seperated for 3 months. We recently went to court to determine custody and were both granted joint physical and legal custody. The judge did not specify days to each of us said we could work it out on our own which has been going okay so far. My concern is before we had this order in place while we were still seperated he disappeared with my children for 4 days and the police said there was nothing they could do since we both had custody at the time. Could this happen again since the judge dident specify days? I'm assuming before the order was in place we both had sole custody and that's why the police could not do anything but how does it work if one party disappears with the children when there is a joint legal and pyschical order in place with no specific days in place? Would I have grounds to get my children back or would it be like before? I'm scared the police would say well there's no specific days and he has custody also so there's nothing we can do. What's your take on this? Thank you so much!


Asked on 9/16/10, 6:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, my "take on it" is that a repeat of the previous scenario could well

occur again with the same reaction from the cops since this father under the

court order described has precisely as much physical and

legal custody as you, the mother, have, and therefore apparently with no agreement in place prohibiting such disappearing acts as described, there would appear to be no legal constraints on the father to refrain from an encore performance of this vexatious (and, perhaps endangering to the children) conduct

on his part.

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Answered on 9/21/10, 7:10 pm


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