Ask A Lawyer: She Kidnapped The Kids

 

Question:

My soon to be ex-wife just filed an injunction throwing me out of our home. She disappeared with the kids 5 days ago after committing domestic violence against me.

At the time I told the officers that I didn’t want to press charges but what can I do now? I am desperate to see my children!

 

 

Answer:    

If there is no order providing you with parenting time, you will need to petition the court for one.  You should consult with an attorney who can discuss your options which may include temporary orders or some other order from the court that will provide you with specific parenting time.  Otherwise, she has no motivation to let you see the children. 

When you petition the court, the domestic violence issue will be relevant; however, it won’t carry as much weight as it would had you pressed charges. 

Also, if she really has disappeared and you haven’t heard from her or your children for several days, and no one in your family or her family knows where they are, then you should contact law enforcement.

 

Claudia J. Weaver is an Associate Attorney with Cordell & Cordell, P.C., in Overland Park, Kansas. Ms. Weaver practices exclusively in the area of domestic relations.

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