Family Law Questions? Ask a Family Lawyer Online.
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.
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.
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.
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