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Jane Doe Deer
Jane Doe Deer, Attorney
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My sister lives in Gwinnett county in Georgia, her 4 year ...

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My sister lives in Gwinnett county in Georgia, her 4 year old son was kidnapped by his father last Wednesday and sent out of the country to Gambia, Africa. The father and my sister are currently seeking a divorce and he has threatened numerous times in the past to send the child away. While on an overnight visit with the his father the child was in fact placed on a plane (on July 24th) with a stranger and possibly a passport that was not his - because my sister never signed off on his passport- an has bee sent to Africa. My sister has failed in attempts to have her child listed as missing and the Gwinnett county police refuse to take the report. My nephew has been gone for 1 week and a day - what can she do? The center for missing and exploited kids are trying to help but needs an ex parte order to proceed. The FBI won''t act unless the State picks up the case. Please advise

So, what's keeping you from getting an ex parte order?

You'll need to go higher, too. You need to go to legislators, etc.


Customer: replied 8 years ago.
She needs a good attorney and is currently seeking one.

Meanwhile, you two can write out a motion and order and take it to a judge ex parte (without a hearing or the other side there) and get it signed.

Make it an order to do whatever it is your need it to say. The judge will sign it, believe me.

Do you need help with drafting or have you already written it?

Oh - has the divorce already been filed in court? If so, this makes this even easier.

Or do you just want a referral list of attorneys?

Customer: replied 8 years ago.
Help with drafting the order would be most appreciated - however, she has gone to plead with anyone she could at the court house and police station - while we are numb due to the abduction, we remain really puzzled relative to law enforcement.
Additinally, I am a criminal justice major at a jesuit university in Louisiana, I am also employed at the same university at the law school where I plan to attend after I graduate fall of 09. Needless to say, my desire to practice family law has been truly validated! Also, because I work at a law school I have at my disposal a plethora of lawyers and judges for advice but I reside in another state - this has limited us in some ways.

When I first practiced law, I had two child-snatching cases. I had to get some type of order ordering the police to put the missing child into the national missing person database.

Here is a motion and order for something entirely different. Revise it so that it does what you need.



OK, first pull out your file of documents and find the most recent order or motion.


What you're going to do is write a Motion to Modify Visitation (or, in your case, you could even call it something like a Motion to Stop Visitation).


Come up with a form that looks somewhat similar to your previous documents - especially if you have one written by an attorney. The format is not that important, but do try to leave at least 4 inches on the top of the first page, and one inch margins all around. You can write it by hand if you need to, but print neatly.


Now, in your motion, you'd say something like this:



[YOUR FULL NAME] moves this court for an order [modifying or stopping or whatever is most appropriate] [your ex's name] visitation. This motion is based on the following declaration [and any exhibits you may have, IF you have any evidence to present to the court].



  • 1. I, [YOUR FULL NAME] am over 18 years old and otherwise competent to testify.


  • 2. My ex-husband [name] has had visitation with my daughter [Date of Birth and initials, or name if that's allowed in your state] since [date).


  • 3. The court ordered this visitation on [date] when my daughter was [number] years old.


  • 4. However, my daughter has told me repeatedly that she does not want to visit her father anymore because [provide reason].


  • 5. In particular, my ex-husband wants to take my daughter away for the weekend in August, and my daughter does not want to go.


  • 6. Anything else you may want to say that would be important for the court to know.


The above statement is true and complete to the best of my knowledge and belief.


Signed Month, Date in [name of city], [state].






Now, take this motion and any attached exhibits and make three or four copies (I always make extras). Mark the original as "original" (preferably in red) and mark the copies as "copy" (any color).


Go to the court with your calendar and cash, in case there is a charge and they don't take checks or charge cards. Take the original and copies, of course. (If you are far away, you'll have to call them and ask how to do this by mail) and get the clerk of the court to help you set up a hearing date and time for the court to consider your motion. Ask the court clerk if you need to provide the judge with a "bench copy," and, if so, ask for the local instructions.


Now, mail a copy of both the notice of the hearing AND the motion with any attachments to the "other side." This will be an attorney if your ex is still represented. Otherwise, just mail it to your ex. It's safest to mail this to your ex by certified/return receipt mail so that you have a paper trail that you mailed it. You can even photocopy the envelope before mailing it, just in case there's any doubt raised by the judge if your ex doesn't attend the hearing.


Then, of course, be sure to attend the hearing and present your case.


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I wish you the best,



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Customer: replied 8 years ago.
God bless you- just one more issue, I was advised by sister this morning that the US Embassy made contact with the husband's family in Gambia who also has the child in their custody, in reply to the US inquiry - my sister was told that since she has taken matters into her own hands they will in fact take matters into theirs! The husband has threatened to move my nephew around Africa to hide him from any attempts to retrieve him.

This is similar to what happened in one of my child-snatching cases, except the father as moving the child around the eastern part of the US. Since he was military, the military police got after him and caught him.

that's great to hear that they've found the child!

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