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Ex wont return children and mediation agreement is too vague!!!! HELP PLEASE ASAP!!!

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  • Ex wont return children and mediation agreement is too vague!!!! HELP PLEASE ASAP!!!

    my ex just pled no contest to felony corporal spousal abuse 4 months after we came to a mediation agreement the agreement says he is supposed to get them every other weekend and 3 weeks during the summer but because there is no start and stop dates on his summer vacation he told me he is keeping them and i can have them back 3 weeks from now when he goes to jail... can I file for an ex-party hearing he is living with his wife that he is going to prison for beating!!! I dont think its a safe environment for my daughters.

  • #2
    Re: Ex wont return children and mediation agreement is too vague!!!! HELP PLEASE ASAP

    Why didn't you file as soon as you discovered his situation?

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    • #3
      Re: Ex wont return children and mediation agreement is too vague!!!! HELP PLEASE ASAP

      I wish to inform you that you can file for modification of child custody. In this regard you can seek urgent orders from court if you can show danger to children. As there are still three weeks thus ex party order may be difficult to have. Generally order without order party is given when there is urgent threat or court order is required.

      AFF

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      • #4
        Re: Ex wont return children and mediation agreement is too vague!!!! HELP PLEASE ASAP

        Originally posted by randomamber62 View Post
        my ex just pled no contest to felony corporal spousal abuse 4 months after we came to a mediation agreement the agreement says he is supposed to get them every other weekend and 3 weeks during the summer but because there is no start and stop dates on his summer vacation he told me he is keeping them and i can have them back 3 weeks from now when he goes to jail... can I file for an ex-party hearing he is living with his wife that he is going to prison for beating!!! I dont think its a safe environment for my daughters.
        I'm just a little more than confused here.

        Your ex is charged with felony corporal spousal abuse - and his wife is still living there? In such cases, the abuser is usually served with a restraining order and/or the victim spouse usually leaves. They don't continue living together after the other spouse is abused. If the wife has decided to stay living with him, something is seriously wrong in that household.

        You need to get yourself to court and file to suspend visitation IMMEDIATELY, and have the children returned to you NOW. I also question why, knowing what you know, you would even send the children without making some effort to get the emergency hearing first.
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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        • #5
          Re: Ex wont return children and mediation agreement is too vague!!!! HELP PLEASE ASAP

          Originally posted by randomamber62 View Post
          my ex just pled no contest to felony corporal spousal abuse 4 months after we came to a mediation agreement the agreement says he is supposed to get them every other weekend and 3 weeks during the summer but because there is no start and stop dates on his summer vacation he told me he is keeping them and i can have them back 3 weeks from now when he goes to jail... can I file for an ex-party hearing he is living with his wife that he is going to prison for beating!!! I dont think its a safe environment for my daughters.
          Yes, you can file for an ex parte emergency hearing with the circumstances you state.

          Visitation can be suspended pending full hearing. At which time he should be in jail, anyway.

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          • #6
            Re: Ex wont return children and mediation agreement is too vague!!!! HELP PLEASE ASAP

            As FIC noted, that is the most expeditious method, however, as she also noted, it will likely not have teeth, in your situation. It appears the court, your ex and his wife are all in harmony and you are the only one upset. No one here can make the call that he is not fit to care for his children, however, you should consider if you might be over-reacting. If he is going to jail in a few weeks, when were you planning on allowing him to have his summer visitation? The problem is you appear to want to charge into court and argue he is a fit parent to have his children for a few days at a time, but not fit enough to have them for a few weeks. I think you find the court skeptical that this is not just an anger reaction on your part that he made sure he received his visitation in light of his other legal problems. Good Luck.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

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            • #7
              Re: Ex wont return children and mediation agreement is too vague!!!! HELP PLEASE ASAP

              Ok to answer some questions, I was planning on getting an ex party hearing as soon as I found out but a fee waiver doesnt cover an emergency hearing and so I had to wait til i had the money... and my daughters have seen him in the past choke his wife, I brought that up at court but there had been no police reports so i couldnt prove it, my children were sick of being in and out court all the time and so we went to mediation... Yes his wife even bailed him out of jail after he got arrested for beating her, i dunno if there is a restraining order how do i find that out?

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              • #8
                Re: Ex wont return children and mediation agreement is too vague!!!! HELP PLEASE ASAP

                Originally posted by randomamber62 View Post
                Ok to answer some questions, I was planning on getting an ex party hearing as soon as I found out but a fee waiver doesnt cover an emergency hearing and so I had to wait til i had the money... and my daughters have seen him in the past choke his wife, I brought that up at court but there had been no police reports so i couldnt prove it, my children were sick of being in and out court all the time and so we went to mediation... Yes his wife even bailed him out of jail after he got arrested for beating her, i dunno if there is a restraining order how do i find that out?
                First, the term is ex parte, not ex party. Although in fact these motions are without the other party.

                Restraining orders are court issued, so there would be a file and case number. For criminal convictions and pending criminal matters, the court maintains dockets often online which people can access through the county clerk's site.

                Even if there was no conviction there is a file if a petition for restraining order was brought, together with the victim's affidavit.

                Check the county clerk's page for the applicable superior court and it should lead you to the court records section where you can do a name search, civil and criminal.

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