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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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My husband and I are going through a legal seperation. No paperwork

Resolved Question:

My husband and I are going through a legal seperation. No paperwork has been filed yet as we were supposed to meet with a mediator on Tuesday, but he has now taken our infant son and disappeared with him. He claims he will show for the mediation on Tuesday but refuses to allow me to see him until then. What are my options?
Submitted: 6 years ago.
Category: Family Law
Expert:  Lady Themis replied 6 years ago.

Thank you for your question.

 

It is possible that the issue of custody will be resolved through agreement at the mediation session on Tuesday. However, in the interim, or if the issue will not be resolved, you have the option of initiating the action for legal separation in court and asking for an emergency order of custody. In some situations, although it is certainly not the parent's intention to be deprived of custodial rights to the child, failing to adequately protect those rights through the court's processes can have the effect of seeming like a laissez-faire approach.

 

Best of luck to you.

 

 

 

Lady Themis and other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
"In some situations, although it is certainly not the parent's intention to be deprived of custodial rights to the child, failing to adequately protect those rights through the court's processes can have the effect of seeming like a laissez-faire approach." What does this mean? will it effect me negativly with the courts? how long would an emergency order take to get?
Expert:  Lady Themis replied 6 years ago.

I am not saying that this situation will negatively affect you in terms of custody, however, the court's ultimate goal is the best interest of the child. If the legal proceedings take years, and the child is out of your custody the entire time, it would be jarring to the child to suddenly be placed back in your custody. It is just something to consider.

 

An emergency order depends on whether the court is willing to act "ex parte", without hearing and notice to the other party, and the individual court's backlog of cases. Sometimes a court will act on a motion immediately. Sometimes the issue is not heard on an emergency basis.