Family Law Questions? Ask a Family Lawyer Online.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.If mom has custody, mom can demand the child be returned...and mom can go and retrieve her child. Tell me, is there a reason mom is not taking steps to recover her child?
I will try to best answer your question.
If Mom has a Custody Order granting her Sole or Primary Physical Custody and Aunt has no right to visitation she should contact the police to file charges for kidnapping or at a minimum a missing persons report if police can't find her at Aunt's house. You should demand to file charges for kidnapping. The answer that the police can not do anything because the door was not answered does not make sense and is illogical. If that were true then any child kidnaper could just not answer the door? She needs to push the police. As a last resort she could file a motion with the court that issued the custody order for an order stating she is to obtain the child immediately fro aunt or wherever else she maybe found and is entitled to use law enforcement to effectuate this order.
I hope this information is helpful and I wish you the best of luck.