ps. You should also be aware that if you do find your kids, you can simply pick them up. You are the father and in the absence of court orders, you have just as much right to them as the mother. I would also file for an immediate emergency order to return the children to the marital home (I hope you have a lawyer). If she is unable to prove abuse, your presence and stability in the home will work in your favor in the ensuing custody battle. She has made a big mistake in trying to play 'keep away' with the kids. Don't let it pass without taking advantage of it.
Bill. I agree with you about him needing to file for the kids to be returned, IF he is telling the truth. One thing I disagree with it you telling him to just take the kids. If she has filed for custody and he did n=mention that she did then it would be considered kidnapping. If she has an order even a temp. one then he can only see the kids when the courts say. He has never mentioned her breaking visitation so I am assuming that she was able to get an order to keep him away. even if it is temp.
I took my kids away from their father because he was unstable (was in a mental hospital for some time), tried to shoot himself in my house with the kids there. I only allowed limited phone calls. when it went to court I did have to move back, but my ex was only allowed supervised visits with the kids, NO over nights. The courts do frown on a mother taking her kids away, and if she did so without concrete evidence she will be "punished" for it but if she can prove abuse on his half he will lose his rights as a father and if he did abuse then he shouldn't have rights to begin with.
Good luck to you men who really do love your kids, my ex just uses mine to hurt me over and over again. And it's my children who suffer.
"One thing I disagree with it you telling him to just take the kids. If she has filed for custody and he did n=mention that she did then it would be considered kidnapping. If she has an order even a temp. one then he can only see the kids when the courts say."
There is a difference between filing and actually getting an order. *I* could file for custody of Barack Obama's kids, it doesn't mean it will be granted.
I agree that if there are orders, they should be obeyed.
Lisa H.
"He has never mentioned her breaking visitation so I am assuming that she was able to get an order to keep him away. even if it is temp."
Be careful with assumptions. Yes, men can be evil, deceitful, lying jerks, but so can women.
Read Sam's original post again.
Sam
"I have no restrictions to contact to her or to my kids."
She has disappeared with the kids and has allowed no contact. I think that counts as 'breaking visitation'.
Sam
"My kids are not attending to their shool and their files are still in their old school district."
This could be construed as abuse. Keeping their father away for no reason *is* abuse. She is making some big mistakes that I hope will bite her on the butt in the custody hearing. One of the factors a judge may consider in custody is which of the parents are more willing to foster a positive relationship with the non-custodial parent.
Sam, I strongly suggest you:
1) Get a lawyer.
2) File for immediate return of the children to the marital home. Even if the ruling does not happen until the custody hearing, you have raised your objections. Silence can be interpreted as consent.
3) Find and pick up the kids if possible.
4) Go to dadsdivorce.com and sign up. Lay your story out there and I guarantee you will get substantive advice.