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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27615
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My brother, per his divorce decree is to collect his 2 children

Customer Question

my brother, per his divorce decree is to collect his 2 children from their mother today for the entire month of July. The oldest child called him to tell him that they did not want want to come to them for the month of Jul;y because they always get in trouble. The mother took the phone off of the child and told my brother that he is not getting the children at all for the month and they will not be available this evening. My brother still plans to go be there to pick them up from her residence - if she is not there what would be the best course of action since she will be directly in violation of the divorce decree
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern. The court order does control and he has a legal right to the children. If he appears and she refuses to release them, then he can call the police and ask them to come to the home to help facilitate this and show them the court order, which allows him to take the children. Now, you hope that the police are willing to get involved but if not, they are going to say this is a civil issue and he needs to proceed through the court. If that happens, he can ask for them to document this and then he would need to file a motion with the court, seeking to hold her in contempt, for violating the court order. Contrary to what the mother things, the children do not have the final say when it comes to visitation with your brother. They need to go, unless he agrees otherwise. The mother can not interfere with his time and without the children, unless there is a legal basis to support her actions and would come from her believing that they would be harmed or in danger, if left with the mother. Simply "getting in trouble" is not a basis to withhold them or for the kids not wanting to go, so he would need to bring her before the Judge and have her explain her actions and the Judge can enforce the order against you and impose sanctions, as needed.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 2 years ago.

Thank you for your immediate response this was very detailed and we will use this as a guideline to proceed correctly this afternoon. your answer was very much appreciated!

Expert:  FamilyAnswer replied 2 years ago.
You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time, prior to leaving, so I can receive the proper credit, for our time together. Thank you.

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