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π(NJ) Ex is refusing to let me pick up my children. What to do?
If you are dealing with a situation where your ex is refusing to let you pick up your children, it can be incredibly frustrating and distressing. You may be wondering what your rights are and what steps you can take to ensure that you are able to see your children as outlined in your custody agreement. In this article, we will explore your options and provide guidance on how to handle this challenging situation.
Understanding your custody agreement
In the context provided, it is clear that you have a custody agreement in place that outlines the responsibilities of each parent when it comes to transportation and custody of the children. This agreement serves as a legal document that establishes the rights and obligations of both parties, and it is crucial to adhere to its terms.
The refusal to adhere to the custody agreement
When your ex refuses to adhere to the custody agreement by denying you access to your children, it can be a distressing and emotionally charged situation. However, it is important to approach this issue with a level head and a clear understanding of your legal rights.
Options to consider
1. Contact your lawyer
In situations where your ex is refusing to allow you to pick up your children, it is advisable to contact your lawyer for legal advice and guidance. Your lawyer can assess the situation and provide you with a clear understanding of your options, including the possibility of filing for emergency custody.
2. Document the refusal
It is important to document the instances where your ex has refused to allow you to pick up your children. Keep a record of all communication, including text messages and emails, as well as any eyewitness accounts of the refusal.
3. Assess the impact on your children
Consider the impact of the refusal on your children and their well-being. If the denial of access has a detrimental effect on your children’s emotional and mental health, it may strengthen your case for seeking emergency custody.
Considerations before taking legal action
Before taking legal action, it is crucial to carefully consider the implications and potential consequences. This includes the impact on your co-parenting relationship, the emotional well-being of your children, and the financial costs involved in pursuing legal action.
Seeking a resolution
In situations where your ex is refusing to let you pick up your children, it is essential to explore the possibility of reaching a resolution through communication and mediation. Open and respectful dialogue can often help alleviate tensions and lead to a mutually satisfactory arrangement.
In conclusion, if your ex is refusing to let you pick up your children, it is important to seek legal guidance, document the instances of refusal, and prioritize the well-being of your children. Through proactive communication and a clear understanding of your legal rights, you can navigate this challenging situation with the best interests of your children at the forefront. Remember, your children’s well-being should be the top priority.
>if I should file a police report that she’s refusing me the children
No. This is not a police matter. They will tell you to settle it in court.
>We have a custody agreement.
Is this a court ordered custody? If so, contact your attorney and get back into court.
If not, then you should assume that you now have no agreement. Hire an attorney and file in court for shared custody.
Edit:
>I feel like I need to take some sort of action now.
Calling your attorney tomorrow morning is “taking action now”.
The venue to settle this is court. Don’t do anything rash that would prevent you from getting access to your children in the future.
The police will enforce custody orders from the court. Waiting for another court appearance may take weeks longer for you to see your kids again if your ex continues to refuse to follow the custody agreement.
Someone told you to not call the police-this is terrible advice. Absolutely call the police and file a report. They likely will force her to give the kids back after verifying the order, but even if not having it documented by police will absolutely help in family court. Call your attorney now, leave a message. Get ready to file a petition in family court. Parental kidnapping is serious and you want to take any violation of court order seriously-judges do because it is someone going against what a judge ordered them to do.
So canβt you pick them up from school tomorrow?
No one here knows what theyβre talking about. In the state of NJ the only people who can remove a child from their home is DCP&P and family court.
Go to the police station to file a report. They are NOT going to force her to give the kids back. File a report every time she doesnβt give your kid. Then go to family court for custody. They are going to want a record of this which is why you are going to file a police report.
You should have filed for an emergency hearing as soon as she started violating your agreement. Hopefully you have good documentation of these events. If the kids aren’t in danger, the police likely won’t be able to help you enforce a custody agreement. You need to go see the judge and be prepared with copies of messages, videos, etc that prove your side.Β
Even if police βcanβ enforce a custody order, doesnβt mean they will. I watched this situation play out firsthand.
My advice is to get this to your lawyer and to court ASAP. Before your ex decides to do something drastic like move out of state, which would make it nearly impossible for you to get your kids unless you have a boat-load of money.
Yes, file a report! Her skipping a visit doesnβt take away from your time! And make sure you kept text messages, emails, etc, for court!
The Nj police will do nothing but file a report,go to the court house first thing in the morning to file an emergency custody order. Definitely get a lawyer, document everything she does or post and file for full custody.