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Urgent - Ex may abscond w/Child Florida

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  • Urgent - Ex may abscond w/Child Florida

    My fiance received notification from his ex she's purchased concert tickets for her and the 16 yr old daughter; she's notified him via email they will be traveling, staying in a hotel, and the 10 yr old daughter cannot go (it's the ex's scheduled holiday time with the girls). He immediately replied, asking where the concert is, received no response, inquired again yesterday, and still received no response (the Guardian Ad Litem is CC'd on all emails). The court order in effect states neither parent is to transport the children out of state without informing the other parent of the destination.

    We have STRONG reason to believe she will try absconding to Connecticut with the 16 yr old, staying with her married boyfriend. He's in town this week, staying with them in her apartment.

    Two instances have occured in the past where the ex has transported the children to Connecticut, becoming "unavoidably detained", resulting in both girls missing a week of school, and the 16 yr old missing the first day of school this year.

    My fiance called the county clerks office this afternoon after learning of the married boyfriend being in town. He's asked them of the possibility of filing a request for an injunction to prevent the ex from taking the 16 yr old out of state until there's a final custody decision (he's primary for 10 yr old, the ex is temporary for 16 yr old). They've provided the forms and instructions, and he's planning on being at the court house when they open tomorrow morning. The ex is scheduled to drop the 10 yr old off at his home tomorrow afternoon, 6pm. His hope is, given the short amount of time in which to act, the judge would be able to review the request and grant at least a temporary injunction. This would then need to be served, hopefully at the time she's dropping the 10 yr old off (after the childs inside, of course).

    Given the facts that she's failed to return the girls when she's left town in the past, that she's created situations where the girls have missed school due to being "detained", the married boyfriend is in town and lives in Connecticut where we feel she's heading (she flys there at least a couple of times a month, and is suspected of having a residence there), and the lack of response for trip details requested, is it possible the judge would grant a temporary injunction????

    We're highly concerned - the ex is totally focused on the 16 yr old, always singling her out from the 10 yr old (Parental Alienation Syndrome between the ex and 16 yr old has been documented by two psychologists and two Guardian Ad Litems). Last weekend, her cousin received the verdict from his divorce judge that neither he or his soon to be ex could remove their child from their state of residence until a final custody decision is reached because it'd be extremely difficult to get her back (he wanted to bring her here for Christmas). The ex isn't stupid - if we know it'd be difficult to have the child brought back, she obviously knows. The married boyfriend is a business owner, and has funded quite a bit of her legal battles - money for her isn't an object. The married boyfriend has even told the 16 yr old all she has to do is call, and he'll arrange for her to fly up and she wouldn't ever have to return (nice, huh??)

    My fiance's attorney is out of town for the holidays. There is a Guardian Ad Litem (#2, actually) currently investigating to make a final custody recommendation. My fiance has never filed anything against the ex, this would be a first. IS this the proper course of action??? We definately don't want to hurt the investigation, but again, we're highly concerned if the ex will return with the 16 yr old, if she'll just stay gone, or if she'll be "detained" once more, resulting in more missed school time (the girl is already failing four out of six classes, and has missed enough time she's borderline for being suspended). Any recommendations would be greatly appreciated!!!

  • #2
    Have you thought about serving the boyfriend with interference of custody? If he is knowingly interfering in a court ordered custody circumstance, then he is liable.

    Tell the ex when she shows up tomorrow with the 10 year old that your fiancee is filing for temporary custody because of this action and, if she removes the child from the state, you will call the police once the order is signed.

    If she has a brain in her head, she will leave the 16 year old behind as well.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


    • #3
      Unable to file

      Thanks, Cyjeff. Unfortunately, my fiance was unable to file the request for injunction at the courthouse this morning. The clerk told him since there's an attorney assigned to the case (the on-going custody issue), then his attorney would have to file the request. Of course, his attorney is out of town.

      The boyfriend resides in Connecticut. It's been discussed in the past filing interference with custody against him, but my fiances attorney at the time said it really wouldn't do any good because he resides in a different state. He could simply ignore the complaint, and since we never know when he'll be down, there wouldn't be any way to actually hold it against him. The boyfriend has funded well over 65K in attorney fee's for the ex, the 16 yr old calls him "Dad" while calling her father by his first name or derogatory nick names she and the ex have made up, has offered to fly the 16 yr old to Connecticut if she ever called, provides extravagent gifts and money to the 16 yr old, paid for private summer school for her located less than twenty minuts from his home, and has on-going contact with her while she refuses to interact with her father. I would most certainly define that as custodial interference, but throughout the last five years, no one has held him accountable in any form or fashion. He threatens to "get his legal team involved", take my ex to the cleaners, file defamation of character suit, etc.

      The ex has temporary custody of the 16 yr old - previously, my fiance was primary custodial parent. The judge transferred temporary custody to her in March 2006 (after BOTH children were removed from her custody in Aug 2004 due to neglect) based upon fraudulent allegations of mental/physical abuse. The judge said at the time, he had to err on the side of caution. This nonsense has been on-going for almost FIVE years now. The wall that is ran into constantly is because there's no FINAL custody order, no law enforcement or child protection agency is willing to intervene - they consistantly say it's a family court issue. With the Guardian Ad Litem currently conducting his investigation, there's no way any such request for Temporary Custody can be filed, and, again, my fiance's attorney is out of town.

      Typically, the ex arrives with only the 10 yr old, dumps her out, then speeds off. She will not have the 16 yr old with her. The clerk offered to give my fiance a list of attorneys so he might be able to contact one and see if they'll file the request. I hardly think this is something that would even happen - what attorney will step into the middle of a five year old case and just file a request for injunction like that?????

      The only other thought was to contact the current Guardian Ad Litem, implore him to intervene, and perhaps request HE sign the request for injunction (he IS an attorney). He's said he's only an observer, though, and hasn't actually performed any actions other than interview involved parties. I wondered if he might consider simply calling and remind the ex she is NOT to remove the child from the state, and that she's required to provide all trip detail prior to departure. With the ex, though, she truly believes she's above reproach, and would probably take the child anyway. Once she's gone, how much hope would there be of actually having the child returned, or having the ex charged with a crime???? We're truly at a loss on what to do!!


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