filing report with police - help

[johnnyneedhelp]

What is the name of your state? MA

My fiance has been told by his ex that even though their legal agreement says he can have his daughter today, she will not allow him to pick her up. He plans to file a report with the police. Does anyone have any advice? Do you know how long it takes to file, like are you in the police station for hours?

 

[Deblynrob]

First, tell your fiance' that the police probably won't take it the report.
His only recourse IMHO is to go to her house today to pick up the child, if she refuses to turn over the chid he can file a written complaint for denying him his parenting time.

Debbi

 

[I AM ALWAYS LIABLE]

"the police probably won't take it the report."

==================================

My response:

That is funny!

It's like what Mrs. Liable says to me when I'm massaging her feet, "Do it nice the toes."

IAAL

 

[mrseld]

Don't waste your time with the police. It may seem like a good idea, but it won't get you anywhere. I withheld my ex from picking our daughter up one time b/cause he had used drugs in front of her on a previous visit (she told me about it). He said he was going to get the police. When he contacted them, he was told that it was a "matter for the courts" and he needed to contact his lawyer.

My point is, the police will not force her to turn over the child even if it is his visitation day. An attorney will have to take the steps to help our husband take his ex back to court for contempt for violating the visitation order.

I know that doesn't help considering your husband wants to see his daughter, but unless you go back to court his ex will continue to do whatever she wants. Your husband needs to make an impression on her that her behavior won't be tolerated. Taking her to court for contempt will get her attention. It's a waiting game. WAITING for an appt. with the attorney, WAITING for the court date, etc. But it wil be worth it when you see her having to back off her high horse and follow the court order. More importantly, I know his daughter is worth it.

 

[Bre's_mom]

You can also go to court without a lawyer, it's alot of work to do by yourself, but there are facilitators that can make sure you filled out the paperwork right. And it would save you money. Good luck..

 

[Deblynrob]

"the police probably won't take it the report."-Deb

It's like what Mrs. Liable says to me when I'm massaging her feet, "Do it nice the toes."- IAAL

You are right, that is pretty funny. That is what I get for not proofreading my post first. Live and Learn.

 

[stealth2]

Whether or not the police will get involved and/or take a report is completely a local matter. Many will come to the pick-up location and document a refusal to permit visitation. Many will also talk to the CP and try to convince them to release the child. But they won't likely physically remove the child.

Your fiance would be well advised to call them from where he tries to pick up his daughter.

And remember - when people post absolutes (i.e. "Don't waste your time with the police. It may seem like a good idea, but it won't get you anywhere."), they're not always correct. So much depends on the individual situation, and the state/city you're in. So take it with a grain of salt.

 

[doin-it-myself]

Here in Indiana I also thought the police would not get involved, as a matter of fact I called the police and they told me themselves they would not get involved. When my daughters father came to pick her up she absolutley refuse to go so he went to the local police station and brought the police back with him. They not only made my child go, they also imformed me that if I did not allow her to go then I would be arrested for obstruction. Then come to find out that the police came to my house out of their jurisdiction. I live outside of the city limits and it was the city police that came and it should have been the sheriff. So each case is indivdual and how the police offericers will react. Another thing is that my daughter was the one refusing not me, so now those same police officers are going to testify for me in child custody. So each situation is unique

 

[stealth2]

So each situation is unique

Yes. I had my ex call the cops on me for not showing up at the p/u point (on a day that wasn't a visitation day), and the cops came to my house and questioned the kids and myself. They were satisfied with the explanation, and left w/o the kids. The report stated that the ex called them erroneously and I was not withholding visitation.

It really does depend on the state AS WELL AS the city/town. People who tell you not to bother are doing you a huge disservice.

 

[doin-it-myself]

Another thing was is that I had and order that stated that my daughter was to finish school with me and then both parents was to try to come up w/ and agreement for future visitation and custody that was dated in March of 2003. His papers was a court order stating that he had custody and those were dated from November 1999. The police said that they had to follow his order because it said Court Order and mine just said Order. What the hell is the difference?

 

[stealth2]

Was yours signed by a judge? That's the only thing I can think of.

 

[doin-it-myself]

Actually yes it was. When we went to court in 1999 we had a male Judge, Now the Judge we have is the main Judge in Hamilton County Indiana. She signed it and the other Judge signed his.