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The National Center for Missing and Exploited Children

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S

stepmom&mom

Member
What is the name of your state? Oklahoma

What should be done?

My dh's daughter will be picked up by her mother tonight.

She has moved to another city and will not tell us where she lives.

Should my dh call and file kidnapping charges?

The police said he can't stop her and he has to give her back tonight.

Any advice?
 


N

nextwife

Senior Member
Can he hide a GPS in her luggage?? A homing device? He's had at least a week to research and order something expressed out that can be used as a locator.
 
stealth2

stealth2

Under the Radar Member
Uuuuh, it's not kidnapping for Mom to pick her child up. It WOULD be contempt for Dad to refuse to release the child, if it is a court-ordered exchange. As for whether she has to provide him a physical address - that will be contained in the court order. If she is supposed to, his recourse is to file against her for contempt if she refuses. If the order doesn't address the issue, then his recourse is to file for a modification so that she has to provide that info.
 
stealth2

stealth2

Under the Radar Member
And don't call NCMEC - they're there to deal with situations where kids really ARE missing and exploited. Not for games between split parents.
 
S

stepmom&mom

Member
No no. Dh is not trying to play a game. And yes, she can take her for her parenting time. That is not what we are worried about. In Oklahoma, it is required by law that when a custodial parent relocates they give advanced notice with the address where they are moving. She has told my dh that she is not going to tell him where she moved and if he attempts to find out, he will never see his daughter again. That is the concern (that once he turns her over tonight he will never see her again.) He checked into getting emergency temporary custody, but it costs a whole lot more than we thought it would and we won't be able to afford to do anything for a few weeks. Of course, at that point, she's already gone.
 
F

fairisfair

Senior Member
stepmom&mom said:
No no. Dh is not trying to play a game. And yes, she can take her for her parenting time. That is not what we are worried about. In Oklahoma, it is required by law that when a custodial parent relocates they give advanced notice with the address where they are moving. She has told my dh that she is not going to tell him where she moved and if he attempts to find out, he will never see his daughter again. That is the concern (that once he turns her over tonight he will never see her again.) He checked into getting emergency temporary custody, but it costs a whole lot more than we thought it would and we won't be able to afford to do anything for a few weeks. Of course, at that point, she's already gone.
Click to expand...

can you provide us with that statute???
 
CJane

CJane

Senior Member
stepmom&mom said:
In Oklahoma, it is required by law that when a custodial parent relocates they give advanced notice with the address where they are moving. She has told my dh that she is not going to tell him where she moved
Click to expand...

Then she's in contempt. That's not the same as kidnapping. And yes, if your husband attempts to go that route, he IS playing a game. One that not only uses resources that should be used on children who are actually in danger, but one that will bite him very hard in the ass.

Mom has already shown that she's willing to facilitate visitation, even agreeing to a location/pick up in the new town. Even with the contempt of not sharing her address, that's going to look pretty good for her.

How many Elementary schools are there in new town? Dad should begin calling them as soon as school resumes.
 
CJane

CJane

Senior Member
fairisfair said:
can you provide us with that statute???
Click to expand...

Here's an explanation:

In 2002, the Oklahoma legislature passed a relocation statute which provides that a moving parent or custodian must notify the other parent or custodian of an intended move of more than 75 miles approximately 2 months before the move, or within 10 days of learning of the move.

The notice must include a number of things, including the moving parent's new address and phone number, when the move will happen, why the mover is moving, and a proposed schedule for sharing time with the children after the move.

Failure to follow the statute and notify the non-moving parent will work against a moving parent in a custody modification proceeding. The court may order the return of the children if the move has already taken place without notice, and may award attorneys fees and expenses to the non-moving party.

The parent who is not relocating has thirty (30) days to file a custody proceeding objecting to the relocation plan proposed. The burden is on the non-moving party to take action during that period or the relocation will be authorized by law.
Click to expand...

Though I'm wondering if the bolded part applies.

Here's a link to the actual statute. It's too long to bother posting.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=388969

But it reitterates the 75 mile thing.
 
F

fairisfair

Senior Member
S

stepmom&mom

Member
We know what city she moved to and yes she moved more than 75 miles away. Here's how it goes:

August 2005: Mom moves to new city about 180 miles away. Relocation is granted by courts and travel is to be split between parents.

August 2006: Mom moves to another new city, but this time it is closer to dh, so he does not contest the move, obviously.

December 2006: Mom moves back to city where she moved to in August 2005 and does not provide notification of move nor new address.
 
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