Can I use this against him in court?

My ex took my daughter last night and refused to bring her back. I called the police but they can't do anything because I don't have a court order. I am now going to be working on taking him to court and getting a court order so this can't happen again. I was wondering if I can use this in court? I have text messages showing my request for his return and he refusing.


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Most Helpful Guy

  • The law is as follows: The parent who has primary or sole custody of the child is the only parent of the child. If the other parent does has only visitation rights and refuses to return the child, it must be reported to law enforcement personnel. It is filed as parental kidnapping and federal agents will be involved. I am a police detective and have investigated such actions. If you want me too add you, let me know, see if I can help.

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    • I can use someone who knows what and how the law works.

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    • the act of refusing to return the child makes it parental kidnapping. leave this to the professionals, no offense taken. however primary custody refers to the parent who she lives more than 50% of the time with. Stating that you are not going to return the daughter back is illegal.

    • a judge however makes the final decision. we may screw things up, but we have laws to follow and enforce. we re the consequence of persons actions.

What Guys Said 4

  • If you're a separated parent you need a lawyer on call. Get your sh*t in order. You're Canadian so there are routes you can take to obtain legal advice that will not cost you anything if that's an issue. I suggest you start looking into such things. Even if things are fine now, when it comes to your kids, is anything worth being left to chance?

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  • He is definitely not helping his own chances doing that.

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  • All depends on if he violated his custody arrangement. Even if he didn't it would probably look bad for him in court though so save the texts.

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  • It all depends on your previous agreements. If you have no agreement in place it falls to status quo (what has the typical visitation pattern been). If you guys had agreed he would have her that night, and then you changed your mind, the judge will side with him. With out an agreement in place, the judge will basically just put one in place. The courts may send you to mediation to try and agree on reasonable visitation, or will just lay down standard visitation which varies from state to state and by age of the child. Have any evidence of visitation and/or expenses paid, evidence if you claim he should not have or have less visitation than you, and have your lawyer. Once a visitation agreement is set, it is hard to change unless circumstances dictate it.

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What Girls Said 2

  • If you have a paper agreement stating rules that he broke then I'm sure you can use that against him. But if you don't have any type of agreement on signed papers I don't think there's anything you can do. She's his daughter too

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  • idk much about your country's laws but generally I think if there's a visitation agreement and he violated it he can actually be charged of kidnapping

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