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I'm sorry to hear that. What were the details of the false imprisonment that she subjected you to?
(unlawful imprisonment, that is)
Do you mean "false report" to the police?
Should I continue to await your response, or may I assist the other customers that are waiting?
Thank you. I'm sorry to hear about your situation. Yes, you could still file charges against her, although there might be some question (either by the police or the prosecution) as to why you did not file charges earlier. As for what happens with your children, that depends. Most likely nothing, in that the police might not even "arrest" her for that, but could still charge her. If she were to be arrested and you were not contacted (or any other neighbor, friend, or family member take control of the children) then they would go temporarily into the foster system. But more permanently, that would be a question for the family courts, not criminal ones.
Without a court order, you don't have a "right" to see your children.
That is, nothing is keeping you from seeing your children other than your wife.
If you can find them and not have contact with your wife, and not do anything else to breach the peace, this would not be a violation of your court order.
But I would suggest that you file for some sort of custody / visitation arrangement (generally as part of a divorce filing). This would get a court order that would give you a right to see your children, and if she prevented you from doing so, she would be in contempt of court.
That being said, you need to contact an attorney in your area that deals with custody / visitation (and maybe divorce, if that's being contemplated) cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.
Not necessarily. Ultimately the court is going to consider a number of factors, not just convictions or pending criminal charges.
When reviewing all of the evidence, the court must consider any relevant factors including, but not limited to the following:
Ultimately that's up to you. I certainly can't say one way or the other, and as an attorney we actually have to encourage mediation and discourage divorce (interestingly enough). But if you want to make her allow you to have access to the kids, you will have to file something.
You could file a custody / visitation petition that is not part of a divorce.
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