sweetpea
02-14-2006, 09:45 AM
Can a CP demand that the NCP return the child home with threats of calling police and saying the child has been kidnapped when the NCP and child were simply visiting family members and child called CP to tell her her whereabouts? It was the NCP's weekend with the child and child is not ordered to be returned until 6PM by court. NCP took child home at 1PM rather than chance having law called and jeapordizing future visitations.
Can a CP demand that the NCP return the child home with threats of calling police and saying the child has been kidnapped when the NCP and child were simply visiting family members and child called CP to tell her her whereabouts? It was the NCP's weekend with the child and child is not ordered to be returned until 6PM by court. NCP took child home at 1PM rather than chance having law called and jeapordizing future visitations.
If the court order states that NCP's time ends at 6PM, then the NCP does not have to return child until then. NCP cannot get into any trouble at all for refusing to return child early.
It will be a good idea for the NCP to keep a copy of the court order handy- one at home and the other in the car glove box. That way it's available in case CP tries anything.
Xena :)
shedo
02-14-2006, 11:51 AM
If the court order states that NCP's time ends at 6PM, then the NCP does not have to return child until then. NCP cannot get into any trouble at all for refusing to return child early.
It will be a good idea for the NCP to keep a copy of the court order handy- one at home and the other in the car glove box. That way it's available in case CP tries anything.
Xena :)
I agree with Xena. The threats are empty, the CP can not interfere with the visitation time awarded to the NCP. But I will also say this person should definately carry a court order with him. The CP can call the police, but if the NCP has a copy of the visitation order and shows it to the police, the police will have to enforce it and the CP will just have to wait until the time the kids are ordered to be returned.
sweetpea
02-14-2006, 10:55 PM
Thank you so much!! I and other family members tried to tell NCP to call CP's bluff but the child was already upset and crying by that time so we thought it best to back off at the time. However, I will pass along the advice about the court order regarding visitation just in case this happens again. What really worries me is CP making life miserable for child because of frustration at being unable to keep child from seeing other NCP family members with whom CP does not get along (me and my husband mostly). We have CP's son living with us and there have been a couple of issues recently about which CP is extremely angry but can do nothing about because it would force explanations she does not want to have to make to DFS and IRS. She has willingly let the son move in here and has allowed us to have "say-so" for him with school, doctors, etc. but unfortunately nothing on paper and she won't agree to that at all. NCP has taken steps with DFS to have CS sent here instead of to ex and she wasn't happy to be losing the income (didn't care that son wasn't there, just wants the money). She has also taken son as dependent on tax returns when she was not legally entitled to, so now IRS is wanting to know why. That made her angry, as well. So she takes it out on the only child she has left at home. Won't knowingly allow child to come here to visit so was royally p@#$ed when she found out NCP had brought child here!!! Hence the threat......
Anyway, long sad story but it is nice to know that we may be able to make her back off when it is NCP's weekend from now on. Thanks so much.