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My child is 11 and he is at a gym and adult left the

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premises. He is with his...
My child is 11 and he is at a gym and adult left the premises. He is with his brother 13. I called police and filed a report. Officer said I can take my kids if I want. The gym said their policy does not allow this. The orders say it’s his Thanksgiving week with kids. Can I get in trouble if I take the kids from gym with the court?
Submitted: 8 months ago.Category: Family Law
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11/22/2017
Family Lawyer: JD 1992, Lawyer replied 8 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Family Lawyer: JD 1992, Lawyer replied 8 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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Family Lawyer: JD 1992, Lawyer replied 8 months ago

Unfortunately, yes. You taking the kids from the gm would be a violation of the court's order of visitation and so you could get a Motion for Contempt filed against you.

That doesn't mean the judge would hold you in contempt, some would and some would not, but since your question asked if it was possible then the answer has to be "yes".

As far as what the police officer told you, they don't have any right or the ability to override what the judge says and so it is not safe to follow what they tell you that you can and cannot do if it is covered by a court order.

Your best option is to file to modify the order and ask the judge to order your ex not to leave the children unattended like that. The local lawyer will be able to tell you what your judge is likely to do based on the exact facts including the age of your children.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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Family Lawyer: JD 1992, Lawyer replied 8 months ago

I am about to go offline for an hour or so to give someone a ride to the airport. Will be back later this evening.

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