We have been divorced for 9 years. NCP held for contempt on several occassions, sanctioned, ordered to pay legal fees, proceedurally sanctioned. etc. Father lives in NJ and I live in PA with the children. Our homes are about 40 miles apart. Father has visitation everyother weekend. Normally he picks up in PA and I pick up at 6 on Sunday to end the visitation. Children are boy 9 girl 12.
Was in court in August and new consent order signed and issued.
&nbs... "If either child has an activity on Sunday at 2PM or later the father's parenting time shall end at the conclusion of the activity"
Prior order states "both parents are Ordered to transport the children to their activities that occur during their parenting time"
That order was not overturned however the X refused to follow it and was held in contempt by the court. Since then the new order did not change that requirement it mearly modified the exchange location and parenting start/end times
The last three visits he has refused to follow this provision. Because I did not want my daughter to miss the event even though it was his responsibility to get them to the event.
This weekend I could not do so since my husband had to get to work. I made arrangements to get them from the activity at the conclusion, as the court order states. He refused to bring them and rather concealed them. Would not answer his phone etc. Daughter missed the activity. Still no calls from the X and no answer on his phone, email etc.
I called the police who went to his home. He was not there. They called his cell phone and he answered and told them that he does not interpret the order that way.
The police said that the children are not in danger and that they can not take the children from him without an order to do so.
Problem is my husband had to go to work and I now have no way to go get them and the X is not taking any phone calls. I can't arrange my schedule around what ever he feels like and have arranged it around the court order. They told me that if he doesn't return them by tomorrow that I should call them again but said I would still need a warrant for them to be able to take them.
The kids have school in the morning and I have no way to get them and not sure what the father is planning.
I can get them later but my husband would have to leave work. He is self employed and has not been getting much work recently so he jumped on this oppertunity and really can't afford to miss out on it.
To top it off the children have their standardized tests tomorrow at school and really can't miss them.
They should have been dropped off several hours ago. What recourse do I have and what can I do about getting them back.