Can he do this? What are my options?

[Raisingmaddy]

What is the name of your state - Washington

In our agreement my ex-husband is to have two weekends per month visitation, and this was his weekend. Dad lives approx. five hours away.

Dad gets kiddos from 7 pm Friday until 7 pm Sunday. He picked kids up on Friday and I just found out that he left town several hours ago and left our kids with his parents that live here in the same town I do.

From a previous post you will see that there are major issues with the grandparents. I realize he can do whatever he wants during his parenting time, but my question is if he leaves town before his parenting time is over and leaves the children with someone else can I go and legally pick them up?

Dad has been doing this on every one of his weekends with the kids, grandparents never bring them back on time (they have actually tried to keep them from me on my parenting time before by not allowing me to pick them up when his time ended, i got them back, it just took several hours)

Since he has left town, can I go and get them even if his parenting time technically isn't over yet?

 

[Antigone*]

What is the name of your state - Washington

In our agreement my ex-husband is to have two weekends per month visitation, and this was his weekend. Dad lives approx. five hours away.

Dad gets kiddos from 7 pm Friday until 7 pm Sunday. He picked kids up on Friday and I just found out that he left town several hours ago and left our kids with his parents that live here in the same town I do.

From a previous post you will see that there are major issues with the grandparents. I realize he can do whatever he wants during his parenting time, but my question is if he leaves town before his parenting time is over and leaves the children with someone else can I go and legally pick them up?

Dad has been doing this on every one of his weekends with the kids, grandparents never bring them back on time (they have actually tried to keep them from me on my parenting time before by not allowing me to pick them up when his time ended, i got them back, it just took several hours)

Since he has left town, can I go and get them even if his parenting time technically isn't over yet?

No, you can pick your kids up at the designated time - not earlier.

There is no magical line that dad has to stay on the right side of.

 

[Raisingmaddy]

No, you can pick your kids up at the designated time - not earlier.

There is no magical line that dad has to stay on the right side of.

Even though Dad is gone, not even in the same town? I would think I have a right to pick the kids up since they are legal strangers and he is not here...

 

[sometwo]

Even though Dad is gone, not even in the same town? I would think I have a right to pick the kids up since they are legal strangers and he is not here...

Dad picked up the kids. Meaning dad took the kids for his parenting time. Dad then has the option of leaving the kids or letting whom he choses to watch the children.

The difference in this and others is dad is exercising his time. He is picking up the kids.

 

[Raisingmaddy]

Dad picked up the kids. Meaning dad took the kids for his parenting time. Dad then has the option of leaving the kids or letting whom he choses to watch the children.

The difference in this and others is dad is exercising his time. He is picking up the kids.

The difference is Dad is not coming back to bring them home, if he was, I wouldn't even be questioning it. He left town and is now 5 hours away.

 

[Antigone*]

The difference is Dad is not coming back to bring them home, if he was, I wouldn't even be questioning it. He left town and is now 5 hours away.

Pick your kids up at the designated time - this is not rocket science

 

[CJane]

While in a strictly legal sense, you CAN go get the kids, it's my opinion that it would be completely asinine to do-so.

 

[Raisingmaddy]

While in a strictly legal sense, you CAN go get the kids, it's my opinion that it would be completely asinine to do-so.

Thank you, LEGALLY was what I was looking for. You may think its asinine, however you have no idea what they have put the children and myself thru. They cause significant emotional issues with the kids EVERY time they have them.

 

[CJane]

Thank you, LEGALLY was what I was looking for. You may think its asinine, however you have no idea what they have put the children and myself thru. They cause significant emotional issues with the kids EVERY time they have them.

Well then, by all means. Get yourself right over there and DEMAND the return of your children. And when they refuse, as Dad's time isn't up yet, call the cops. Try and get them to force the return of the children. Brandish your court order like a weapon and raise a huge stink.

And then let me know how the kids are doing emotionally.

 

[Raisingmaddy]

Well then, by all means. Get yourself right over there and DEMAND the return of your children. And when they refuse, as Dad's time isn't up yet, call the cops. Try and get them to force the return of the children. Brandish your court order like a weapon and raise a huge stink.

And then let me know how the kids are doing emotionally.

Wow, wasn't expecting that. I had no intentions of calling the police on grandparents, however they absolutely should not refuse to allow me to pick them up either. I did however just get a phone call from Dad telling me grandparents have no intention of bringing them home on time, might be at least another hour or so and was told that if I try to go and get them they will not give them to me until they "feel like it".

 

[MichaCA]

Just out of curiousity, why is dad calling you?

And after that, why is he calling you telling you his parents won't be returning the kids?

Start from the spot where sometimes grandparents refuse to return. When that happens, don't bring the other issue into it, just be there on time, IF and when they refuse, then call the police calmly, handle it calmly, don't engage with grandparents, and let the officers know you want this handled as calmly and as civilly as possible, for the childrens sake.

OR, after grandparents have done, I don't know whats reasonable or fair, three times, take it to court. THEN perhaps you have a leg to stand on to bring up your underlying concerns about children being in grandparents care EOW...although I would let others here advice you on that first.

I don't know what the transportation is spelled out in your court order...hopefully its receiving parent picks up???

 

[Raisingmaddy]

Just out of curiousity, why is dad calling you?

And after that, why is he calling you telling you his parents won't be returning the kids?

Start from the spot where sometimes grandparents refuse to return. When that happens, don't bring the other issue into it, just be there on time, IF and when they refuse, then call the police calmly, handle it calmly, don't engage with grandparents, and let the officers know you want this handled as calmly and as civilly as possible, for the childrens sake.

OR, after grandparents have done, I don't know whats reasonable or fair, three times, take it to court. THEN perhaps you have a leg to stand on to bring up your underlying concerns about children being in grandparents care EOW...although I would let others here advice you on that first.

I don't know what the transportation is spelled out in your court order...hopefully its receiving parent picks up???

Good questions...Grandparents are pretty vicious and spiteful to me. I can't explain why they do the things they do, but instead of them calling me, they called the kids dad to tell me that. They intentionally keep them later, and refuse to call me, or anwer my calls. They do pretty much whatever they want to do, legal or not.

 

[sometwo]

If the kids are not being returned on time then file contempt on dad and also ask for no 3rd party interference if grandparents are acting like this.

If you go pick up the children before his time is up he could come back and say that he was allowing the kids to spend time with their grandparents since it is his time and they don't get to see grandparents as much. He could also say they were watching them while he had to be out of town for a day but he would be back and was spending some time with them. Unless you have right of refusal I don't see how you could fight it with that unless you have proof.

 

[MichaCA]

I question the dads motives for calling you. Frankly it seems more vicious on his part, but whatever. I would attempt to refrain from contact, strange as that sounds. Just let messages go to your answering machine and unless it concerns your daughters well being right now, let it go (til later). Ignore it and just go pick up your daughter when you are supposed to. (I assume you pick her up?). Take things one step at a time. Then if they refuse to return your daughter, I would go ahead and file papers for a court hearing.

But again, thats me, and I am NO legal expert!!! But figure out a way to nip this in the bud legally....and don't communicate with grandparents or dad unless its really necessary...sounds like they are BOTH purposely antagonizing you. Don't let them.

 

[amberlea434]

What EXACTLY does your court order say regarding pick ups/drop offs...