What to do if my husband won’t bring our kids back when he is suppossed to?

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What to do if my husband won’t bring our kids back when he is suppossed to?

Asked on September 2, 2012 under Family Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have a couple of different options. For either one, you need to make sure you document diligently when he does not return them as required.

Your first option is to file a contempt action in the custody case (if he has visitation pursuant to a court order.)  You can also ask to modify his visitations because of his actions.

If you don't have orders in place regarding visitation, then you need to do so.... because you cannot invoke option number two without an order.  Your second option is to file a report with law enforcement for criminal interference.

With either option, reporting and documenting help with enforcement actions.  Timing also affects whether or not either option will be successful.  For example, if he is only ten minutes late each time-- the courts are not as likely to hold him in contempt.  If holds for the children for several hours, then this demonstrates an intentional interference with your time, not just poor time management, and is thus more likely to get the attention of a judge.


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