Is my ex-wife breaking the law by not returning our son to me?

This is a discussion on Is my ex-wife breaking the law by not returning our son to me? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I currently have a verbal custody agreement with my ex-wife for our 6 yr old son (we were living in ...

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Old Jun 28th, 2010, 12:52 PM   #1
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Default Is my ex-wife breaking the law by not returning our son to me?

I currently have a verbal custody agreement with my ex-wife for our 6 yr old son (we were living in a common law relationship).

We have followed the current verbal custody schedule for the past 4 years. From time to time; we mutually agree upon temporary changes to the custody schedule to accommodate summer vacations, Christmas, ect... this has not been an issue until now.

My ex-wife now wants an extra day with our son every 2 weeks. I have not agreed to the extra day and she has now threatened to keep our son an extra day, which is my scheduled day to have my son.

Is she breaking the law by not returning our son to me as per the custody schedule we have followed for 4 years?
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Old Jun 28th, 2010, 01:27 PM   #2
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Default Re: Child Custody

I wish to inform you that in child custody matters, generally, you are required to go to court for child custody order. Mutual agreements may not be enforced because court has not approved. Therefore, you can go to court and have the child custody order approved by the court. In court, the parties may present their own agreement for approval by court. The court will consider the best interests of the child and will then decide the matter.

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Old Jun 28th, 2010, 01:44 PM   #3
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Default Re: Is my ex-wife breaking the law by not returning our son to me?

When there is no meeting of the minds, or one parent feels the other is taking advantage, then court must be utilized.

Take her to court for legally established custody/visitation rights. Once the order is in place, when she violates it you can take her back to court for contempt.

Right now, you have no legal power to do anything. The only thing you can do is utilize the court's assistance in establishing parental parameters.

You might want to file for full custody of the child.
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