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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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my kids are visiting father(New Mexico), from germany, for

Customer Question

my kids are visiting father(New Mexico), from germany, for summer. They do not want to go back to Germany. I tried to get a court date set up and the judge accepted a countinuance until further notice from the mothers lawyer. Mom is visiting as well, so she is in states and actually just 10 miles away. Any how the judge ordered me to return them on the return date. My kids said they were not going. Is there anything I can Do? (3 kids ages 16,13,12)
Submitted: 3 years ago.
Category: Family Law
Expert:  Tina replied 3 years ago.

Hello and welcome.

My name is Tina and my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Is there any reason to believe the children will be in danger of abuse/neglect if returned to the mother as ordered by the court?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

yes the kids believe that because they do not want to go back they are going to get punished. The kids say that they are left alone on weeknds to take care of each other and they are left a limited amount of food while the rest of the food is locked up, so they do not eat everything. They are in a foriegn country to take care of themselves and they are scared and feel alone.

Expert:  Tina replied 3 years ago.
Oh boy, that does sound like abuse and neglect, Eric.

Under these circumstances, you could typically file an emergency petition for custody of the children to prevent them from having to return to Germany.

The applicable statute provides:

New Mexico Statutes 32A-4-16. Ex-parte custody orders

New Mexico Statutes > Chapter 32A > Article 4 > § 32A-4-16 - Ex-parte custody orders

A. At the time a petition is filed or any time thereafter, the children's court or the district court may issue an ex-parte custody order upon a sworn written statement of facts showing probable cause exists to believe that the child is abused or neglected and that custody under the criteria set forth in Section 32-4-16 [32A-4-18] NMSA 1978 is necessary.

B. The ex-parte custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the officer to take custody of the child and deliver him to a place designated by the court.

C. The Rules of Evidence do not apply to the issuance of an ex-parte custody order.


Here is a link to the statute:


Since you have already attempted to gain custody and failed, and because this is extraordinary relief not easily obtained in most courts since it denies due process to the other parent, it would be highly recommended that you retain an experienced local family law attorney to aid you in obtaining the emergency custody order. You could attempt to proceed after that without an attorney, but you should at least have an attorney to aid you getting legal custody initially.




I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!



Expert:  Tina replied 3 years ago.
Hello again Eric,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile:
Thank you very much and all the best to you.

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