What can I do if he picked our son up for visitation and now is refusing to give him back? 10 Answers as of January 30, 2014

My ex-husband and I are divorced. It was final last year. We have a son together and we have set shared parenting and set visitations. I have a new boyfriend which I do not live with but he does not like. My ex-husband is saying he does not want our son around him. I called the police and they said they cannot help me get him back and he legally does not have to give him back to me. They said that I would have to go thru the courts and file contempt of court to get him back even though I have the divorce papers stating our visitation times. I don’t understand how that is right.

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The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
The police told you correctly. Get a lawyer and take him to court. You will probably win and he will have to repay you your attorney fees and he may go to jail. Those are your rights. Use them or loose them.
Answer Applies to: Texas
Replied: 1/30/2014
Eve Oldenkamp, Attorney at Law, P.C. | Eve Oldenkamp
Law enforcement is often too busy to deal with such scenarios and thus they give you those responses. You should file a contempt of court action. If you have shared custody, this is why they say there are no criminal charges. There are not. You may want to think about modifying the custody determination to ensure you are the primary custodial parent.
Answer Applies to: Oregon
Replied: 1/30/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Well if the police say they can't do anything, then you have to go back to court and ask for your ex- to be held in contempt.
Answer Applies to: Idaho
Replied: 1/30/2014
Attorney at Law
Attorney at Law | Frances An
It isn't right. You should be able to use your court orders and the police to get your son back. Are the orders clear as to time and day? You might have to file a motion with the court to clarify the orders.
Answer Applies to: California
Replied: 1/30/2014
Law Offices of Lauren H. Kane | Lauren H. Kane
The police are right in that you need to file a contempt petition but they should be enforcing the Order.
Answer Applies to: Pennsylvania
Replied: 1/30/2014
    Ms. Cheryl Osterberg | Cheryl Osterberg
    Legally, you ex husband does have to give your child back. However, the police will usually not enforce the order, as it is a civil matter. You can file a request for writ of habeus corpus or writ of attachment to get a quick court date.
    Answer Applies to: Texas
    Replied: 1/30/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Without reading the court order and your specific time share, it's difficult to determine why the police did not intervene to help you get your son back. With that in mind, please take your court order to an experienced family law attorney to review. It might be necessary to return to court on enforcement and clarification of the order if it's not specific enough.
    Answer Applies to: California
    Replied: 1/30/2014
    Padove Law | Burton A. Padove
    The police enforce criminal matters, civil warrants for arrest and protective orders. Although, some as a courtesy will accompany a parent in situations like yours. Otherwise you will have to seek a contempt against your ex husband in the divorce court.
    Answer Applies to: Indiana
    Replied: 1/30/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is not right but the police hate domestic matters. See an attorney, in the long run it is a contempt issue in the divorce court.
    Answer Applies to: Michigan
    Replied: 1/30/2014
    John Russo | John Russo
    Well they are right based on your explanation, first it is a civil issue, and second you have shared or joint custody according to you'r final, so there is no kidnapping issue, there are other issues here also but it would take awhile to go over all of them. So in a nutshell you need to file an emergency motion with the court, better still the motion should be requested Ex Parte.
    Answer Applies to: Rhode Island
    Replied: 1/30/2014
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