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What is recourse if ex spouse violates custody agreement and…

Customer Question
What is recourse if...

What is recourse if ex spouse violates custody agreement and takes under age child out of county without permission?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No. No steps. Just found out from son. He is 20 but still under NY child support.

Lawyer's Assistant: Has he talked to a lawyer about this yet?

No

Submitted: 1 month ago.Category: Family Law
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Answered in 5 minutes by:
3/14/2018
Family Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,172
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about your situation.

This appears as if there is an issue with the party being in contempt of court. Contempt of court occurs when there has been a valid court order entered, but a party is not complying with the order in some material way. A contempt proceeding is not to be ta***** *****ghtly. It is a quasi-criminal proceeding with a formal hearing, the taking of evidence and examination of witnesses. The accused may also have the right to be appointed an attorney by the Court. Usually, the court has forms that you can use to fill out. They are going to be specific to your state or even to your county, so be sure that you ask the court clerk (typically on the 1st floor) what forms you need if you cannot find the forms on the court’s website.

The court may decide that the other party is or isn’t in violation of the court order. If they are in violation, then the court may issue fines, and in very serious cases, they will issue jail time (usually for multiple violations). The party that is requesting the motion will have to provide the facts and possibly present witnesses to prove the case, but if they can prove it, they can usually find justice in that way.

You may also want to consider speaking with the police officials in the country where the child is to arrange for a return of the child. The reason is because it's possible that the child is being kidnapped and the other country's officials may help you out, particularly if it is a north american country.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
Can i contact the police and report it? Does it matter that he lives in New York and is 20 years old?
Family Lawyer: Legal Eagle, Lawyer replied 1 month ago

Yes, you can and probably should contact the police. If I can clarify, is the child or the other parent 20 years old?

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Customer reply replied 1 month ago
The child is 20. In ny he is still a minor and under child support and custody agreement
Family Lawyer: Legal Eagle, Lawyer replied 1 month ago

I see. Ok, if he is still considered a minor, then yes, you should contact the police, the sheriff's department, or the state police.

Did you have any other questions for me about this?

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Customer reply replied 1 month ago
What should i say? Does she have recourse? Should i contact the police where she lives?
Family Lawyer: Legal Eagle, Lawyer replied 1 month ago

I would say that someone is violating a custody order and you'd like the child to be returned to where they belong. I would also contact the police where she lives.

This also appears as if there is an issue with the party being in contempt of court. Contempt of court occurs when there has been a valid court order entered, but a party is not complying with the order in some material way. A contempt proceeding is not to be ta***** *****ghtly. It is a quasi-criminal proceeding with a formal hearing, the taking of evidence and examination of witnesses. The accused may also have the right to be appointed an attorney by the Court. Usually, the court has forms that you can use to fill out. They are going to be specific to your state or even to your county, so be sure that you ask the court clerk (typically on the 1st floor) what forms you need if you cannot find the forms on the court’s website.

The court may decide that the other party is or isn’t in violation of the court order. If they are in violation, then the court may issue fines, and in very serious cases, they will issue jail time (usually for multiple violations). The party that is requesting the motion will have to provide the facts and possibly present witnesses to prove the case, but if they can prove it, they can usually find justice in that way.

Did you have any other questions for me today that I could help you with?

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Legal Eagle
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Category: Family Law
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