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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23578
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What if the ex spouse sends the children in against my

Customer Question

What if the ex spouse sends the children in against my knowledge into my home against their will to retrieve their articles that he wants them to retrieve
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: CT
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: He sent my 13 year old daughter into my home this morning without my knowledge or consent sgainst her will... She tripped off the alarm and when she told him he left. The police were dispatched.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: CT
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.

Hello,

Are you saying that he told the children to steal property from your home, or were they just retrieving their own things? Do you share custody with your ex?

What did the police do?

Customer: replied 4 months ago.
Nothing. They are not aware of it because I wasn't home. I have to decide whether to file a police report. They were getting their things that they didn't want to get because he told them to do it. A pair of goggles and a beach towel. He doesn't have either. We have joint custody but these are things that I provide for the children at my home... We have a pool in the backyard.
Customer: replied 4 months ago.
Kids didn't want to go in house
Customer: replied 4 months ago.
No
Customer: replied 4 months ago.
Last time they lied and told him that the key in the lockbox that I leave for them was missing
Customer: replied 4 months ago.
Shouldn't he also stay if he knows that the police are on the way?
Expert:  Zoey_ JD replied 4 months ago.

Parents make children do things they don't want to do all of the time. Sending them into their other home to pick up some of their things is not an unreasonable demand.

I understand completely that you disapprove of what your husband did and that you should not have to worry about either him or your children entering your home unexpectedly without your knowledge. I would feel just as strongly about something like this happening to me as you do.

But in my experience, if you bring this matter to the attention of the police by filing a report, they won't see any criminal intent here and will likely tell you to work this out with your ex and/or if you can't to take the matter into family court and refine your custody order.

Customer: replied 4 months ago.
How does he have the right to go into my home without permission? We've discussed this and he refuses to acknowledge that it's my home
Expert:  Zoey_ JD replied 4 months ago.

He does not have the right to enter your home without permission. If he entered along with them, then he was trespassing. Again, however, you can take this into family court and refine your custody agreement so that it's clear he cannot enter, or have the children enter, your home during his custody time, without your permission. Once you have a court order, then if he violates it, the police will arrest him.

At this point, however, although you can try to have him charged, the minute the police hear that he just sent the kids in to retrieve their swimming goggles and a beach towel, I think they will tell you that the matter more appropriately belongs in family court.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.