Ex husband has property belonging to child.

Question Details: My ex took my dirt bike and my son's dirt bike and we'd like them back. they are registered in his name. He has his own dirt bike. He has no visitation and my son wants to ride the bikes (he is older and can ride both). We have a restraining order as well. how can I get the bikes back for my son? is this a superior court claim (part of the property distribution from the divorce?) or small claims...what would the document be called?

Asked 8/5/2009 under Divorce, Marriage, Alimony | 165 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

John Compatore / Compatore Law, PS Answered 2 years ago | Contributor This attorney is licensed in Washington

If you don't have the baikes as of now, check your Decree of Dissolution for the property awarded to husband.  Looke there to see if the bikes are "legally" his.  Also, check for property awarded to wife - are the bikes listed there as going to you?  If the bikes are not listed in either of those paragraph's do the property award paragraphs say "wife is awarded all that property now in the possession or control of the wife"?  If so, and the bikes were in your possession at that time, then you can take him back to the family law court, on your divorce action.  Ask the judge to find him in CONTEMPT (disobeying a court order) and ask for the bikes back.

Good luck.

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