More than 10 years ago a mother went to pick up her two children from their father's house for visitation time. However, instead of returning the children back to their father, who had temporary custody, the mother fled with the children to another state. As of now, she has pleaded not guilty to an interference with child custody charge.
The case goes back to 2001 when the father was granted temporary custody of the couple's two children. In that decision, a circuit court judge decided that ever since the couple's 1999 divorce, the mother's employment and living situation had been unstable.
However, she was granted visitation rights. But, on Nov. 2, 2001 when she went to pick up the kids, she fled the state and never returned them to their father.
Since, a now retired circuit judge awarded the woman custody of the children - even though the original custody case was still open in the state where the father lived. This new custody award meant that law enforcement from the original state could not enforce arrest warrants that were issued in the mother's name in 2001 and 2003.
But, everything changed earlier this month when a circuit judge found that the now retired judge's orders were "invalid and without jurisdiction." This made it so the woman would have to return back to the state that she had fled from.
The 38-year-old mother has also been found in contempt of court for not following the original 2001 child custody agreement. She is being held on bond, and has pleaded not guilty. A hearing is set for later next month.
When looking at this case, it appears that the mother did not mean any harm, and simply just wanted to have custody of her children. However, the route she took is not the way to go. Instead, if you are seeking a change to an existing order, it is advisable to not take the law into your own hands, but rather talk with an attorney to see what options would be available to possibly make a modification to a current custody agreement.
Source: The Times Record, "Sebastian County Judge Sets Child-Custody Hearing," Jeff Arnold, Jan. 27, 2012
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