Friday, August 8, 2014

What would be proper to do in Family court matter?

Q: I'm about to file Emergency petition for violating Court order and ask for Sole custody and enforce returning child to my house for violating Court order. I have Physical and residential custody. Court order ordered that mother can not keep the child more then 3 consecutive weeks during Summer vacation. There is a schedule for child vacation with me and the mother. Mother did not drop off child on scheduled date and she's keeping the child for 6th consecutive week with her. There is no response to my text messages, emails nor phone calls from her. I was able to talk to the child only ones in 35 days and that was night before scheduled drop off 3 weeks ago. There is even more violations of Court order prior Summer vacation Court order violation. What petition should by proper to file ?

A: David's Answer: First, you should consider requesting the police to assist in returning the child. Second, you'd look to file an order to show cause as well as a writ of habeas corpus. The writ is the order that she immediately return the child to you pending further proceedings in court. Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment.-- David Bliven, Westchester Family Law attorney (

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