Can I file for interference of custody?

Current court orders: MSA gives me placement in odd years July 4, 9am - July 5, 9am. Father to have 2 weekends per month. States shared summer placement
Current temporary orders from Dec. hearing: Father to have alternating weekends from Friday 7pm - Sunday 7pm

Here's where it gets complicated. Hearing in June gave primary placement to Father (long story, a tragedy of not following the law for another post) GAL to draw up orders using the parenting plan I submitted (if that's what she would have given to him it's good enough for her, luckily I was more than fair and generous as I have been for 4yrs as primary). The instructions are being disputed from "he said to refer to the plan, he said to strongly consider it, etc." GAL has not finished the orders or submitted for signing. If she does at this point I am opposing it , because she did not follow my parenting plan and gave less time on all weekend, holiday, and summer than I had in it. What I read is if she submits it without my approval she has to ask the court to hold it for 5 days to allow my opposition.

And to make it more complicated. My parenting plan to be used gives me in odd years 4th of July placement from 7pm the night before until 6pm July 5 and would have given father all except 28 days of summer (now my time). GAL drew up her proposal saying Father gets 4th of July every year and the 2 weeks around it, I have strongly disputed this with her 3 times by email. She has been extremely biased towards me thru this whole thing and continues to be so in writing the new order. My Ex has been manipulative, took away most of my Summer time last year, talks bad about me to our child, etc...and GAL has ignored it all. Basically he wants primary placement and isn't willing to give up preferential summer placement above and beyond the every other year we've always followed on the holidays and the GAL is wrongly giving it to him.

Current situation. GAL told us that because the placement changed on June 20, that she doesn't think the current orders hold and we should follow her recommendation of Ex having my holiday time and the 2 weeks around it. Ex is doing this.

I have documented emails to Ex stating I was following the current orders and delivered our child to him on Friday at 7pm and he was to return her on Sunday at 7pm. I also offered shared summer time until Wednesday at 7pm, which he did not respond to. Sunday is when he sent the email saying he was not returning her per the GAL recommendation. I am planning to send another email stating my alternating weekend time and holiday time per the current orders and not returning the child will be seen as an intent on his part to deprive me of my custody rights.

From my understanding the current orders are in full force and effect until the new order is signed by a judge. If this is so, can I file for interference of custody? At what point is he violating court orders by not returning her? Would it be Wednesday at 7? Or if he does not return her by 7pm this Friday for my alternating weekend, can I file a police report then for interference of custody? If she still isn't returned by 9am July 4 can I file another police report? Is it best to do this right away or wait the 12 hours when it becomes a felony for withholding the child?

Thank you,

Mom, I have to ask - is this really the hill upon which you want to die?

Dad is not going to be arrested or charged with anything, least of all a felony - even IF he keeps her for 12 hours. The police will tell you to take it to civil court. While it's true that technically the current orders are valid until the new ones are signed, I can see a judge really getting quite ticked with you if you try and do what you're planning to do.

Placement has changed; in the eyes of the court (certainly in the eyes of the GAL and Dad), it could well appear you're trying to pick and choose which part of the new arrangement you want to follow. All Dad is going to say is that new orders are pending. That more or less equates to "case closed - sorry Mom, you got nothing".

I honestly advise you to rethink this.

Let it go this year - not only will it give you time to get things put in place for next year, but it will also make you seem far more reasonable.

I realize this probably isn't what you want to hear.

Yes, placement has changed which gives father school year placement and mother the majority of the summer placement. It is summer, I am the mother, father is refusing to return the child per a proposal that will never make it into the order and a GAL who does not know the law and thinks she is a judge and can do whatever she wants. Everything says I have this holiday in odd years, except a GAL proposal I will not agree to. So at what point do I lie down and let Father and GAL take all the time with my child away from me?

So you tell me if you'd be willing to die on this hill.........or use it to show that this ruling should be reconsidered because of the Father's interference in custody before an order is even filed and a biased GAL?

And frankly, the fact that a judge is ticked at me and will be predudicial...already been there, done that, except he was ticked at the ridiculous case brought into his court, doesn't even think that it's Ex who brought it there and I'm just defending myself, and thus ruled for him with no basis of reasoning.

Why do we have laws when they mean nothing???

Sorry, I'm not mad at you. It just seems Ex can do whatever he wants and he gets away with it. Real justice would have been for his ridiculous motion to be denied and his parenting plan he submitted to the court was made into the orders. His plan gave himself primary in school year and over half the summer by almost a week, 26% to the other parent when he's had 32% for years. That's justice. Instead he gets primary and I'm fighting for the 32% I had in my parenting plan that the judge said was to be used as the orders.

I just don't know how to keep fighting to have time with my child when Ex will keep doing this until I don't see her at all.

You can file.

You will not prevail.

Proserpina knows of what she speaks.



Her advice is always sound, reasonable, and legally spot on.



Ignore her wisdom at your peril.

Judges rarely reverse their own rulings.

They know that fewer than 5% of pro se litigants (in domestic disputes) are technically competent enough to address appellate briefs, let alone the legal merits of their rulings.

That said, if you think you "ticked" the judge off before, just you wait, Henry Higgins.



Good luck.

(Thank you for your such kind words, AJ! )


Mom - please understand. I truly do get your frustration. But you also must be realistic and try to keep your emotions out of the situation.

You know you're not going to lose ALL of your time with your daughter - that's just not going to happen, no matter how hard (or even if) Dad pushes for that. In order for that to happen, you must basically be found guilty of dipping her in boiling oil on a nightly basis and EVEN THEN, you'd likely get at least supervised visitation. You've given no indication on this thread that you've been found guilty of abuse or neglect. "No contact at all" is reserved for VERY few situations in real life, despite what L&O might have us believe.

You've already indicated that the judge is not exactly your best friend right now - for whatever reason. The last thing you want to do is raise that same judge's heckles - especially over an issue while there are new orders pending.

Thanks, I know what you're saying. Good call.

No, the judge wasn't mad at me, he was mad at everyone equally for a "ridiculous and trivial case" and made a really stupid ruling with no basis of law. Awarding the person who brought the whole "ridiculous and trivial" motion into his courtroom??!! Makes no sense at all.

I am not pro se. I am appealing.

Hey, OP, pro se means you're acting as your own lawyer; whether that's probably or on appeal.

Thanks, I know what pro se is While my attorney may agree with you that at times I've been acting as my own lawyer, lol, I have had an attorney through out the trial and by referral a new attorney in the specialty of appeals. I'm waiting for the transcripts, then the new attorney will review and set up the appeal and possibly a motion to reconsider. Final order isn't signed so we have time.

I've found that the more knowledge I have of the law and my own case, the more intelligent the questions I can ask and less explaining she has to do and I can make better informed decisions. She's asked me to assist in researching case law, copying exhibits, etc. Now, that may have been to keep me out of her hair...but I do think I've been a help which saves her time and me money, and after some time I did gained some respect for my knowledge and assistance.

These boards have been a great addition to my learning and answering questions my lawyer doesn't always have time for, and I thank you all for your time and help.

By the way, the holiday is settled...I was advised to use it to bargain for something I wanted more than "getting ex". Thanks to Proserpina, and a friend's brutal honesty, I was...in a better frame of mind to agree to this

Thanks again.

You're very welcome - feel free to pop back if you have other questions

OP, would you try to advise your dentist about a root canal or help your oncologist diagnose your cancer?

You paid good money to that lawyer, let her earn it.

These boards are no substitute for law school and practicing law.