What to do if I have a court order for my child to be returned to me but his father has not and will not?

I have a court order for my child to be returned to me. His father has not and will not return him. I have my court orders for his return but because he filed a motion and got a court date to discuss custody the police say they can’t help me. I thought that a court order is valid legally and a motion is more like a set date. Shouldn’t the police help me?

Asked on July 24, 2012 under Family Law, New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have a valid court order that your child be returned to you by the child's father and he will not comply, you have the following options:

1. take a certified copy of the court order to the police department in the area where the father resides and provide it to it requesting that there be compliance with the order;

2. file a petition in the count court house for an order show cause regarding contempt of the court order against the father.

Given the complicated nature of your situation, I suggest that you consult with a family law attorney to assist you.

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