A father is paying child support on time every week but hasn’t been able to see or speak to his children since June. He filed for contempt of court back in September and spoke to the case manager, who informed him that he won’t get a court date until after the new year. The ex-wife is not following the court order, even taking the kids out of school so he couldn’t pick them up. He is looking for advice on how to get a faster court date and feels desperate for help.
It’s frustrating when law enforcement calls it a civil matter. Look up statute 787.03 regarding interference with child custody. Given the time without contact, law enforcement might have a case for criminal charges against her. I had a similar situation in Minnesota where the mother withheld my son for months, and she now faces felony charges. I recommend moving forward with civil court while also discussing the situation with law enforcement. Good luck; I hope this gets resolved soon.
You can request an ex parte hearing if you believe your children are in immediate danger and have proof to support your claim. If they’ve been withdrawn from school, try to talk to the school administration to see if they have any information about the situation. They may not be able to share details with you directly, but they can be subpoenaed in court. Be cautious, as if the ex-wife claims domestic violence, it may complicate your case. If you genuinely believe there’s an emergency, consider filing, but be careful to avoid any appearance of malice.
Ex parte motions can be filed in emergencies, especially if you have evidence of your children’s sudden disappearance, like a school statement about their withdrawal. Before filing, ensure you have solid evidence. I strongly recommend hiring an attorney who specializes in custody cases. Handling this on your own can lead to mistakes that could hurt your case, and the court won’t allow for corrections easily.
You need to file for an emergency order regarding her withholding the children. What was the custody arrangement? Did you have joint custody? What was the parenting schedule?
The parenting schedule allows me to see them from 2 to 5 PM Monday through Friday, and Saturday at 10 AM until Monday for school drop-off every other week. I work nights, so that arrangement was set up. All decisions about the children are shared 50/50, and she can’t make decisions without my approval.