Would this constitute a violation of a court ordered child custody order?

S

Sang

New Member
Jurisdiction
Ohio
I have a questioning pertaining to family law in the state of Ohio. Specifically a child custody order and if a party failed to return a child, as ordered in a custody order, to the custodial grandparents would this constitute a violation of the custody order?

long story short the offending parent, after some time, did get custodial parentage over the grandparents. My question is, at the time the offending parent did not return the child, as arranged in the custody order, at that time would that constitute a violation of that custody order and could the offending parent be charged with interference of custody or contempt of court?
 
Sang said:
I have a questioning pertaining to family law in the state of Ohio. Specifically a child custody order and if a party failed to return a child, as ordered in a custody order, to the custodial grandparents would this constitute a violation of the custody order?

long story short the offending parent, after some time, did get custodial parentage over the grandparents. My question is, at the time the offending parent did not return the child, as arranged in the custody order, at that time would that constitute a violation of that custody order and could the offending parent be charged with interference of custody or contempt of court?
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Huh? Are you asking is an NCP didn't abide by a CO would that be contempt? Yes. When did the contempt happen? Did you file a motion to show cause?
 
Sang said:
could the offending parent be charged with interference of custody or contempt of court?
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Without reading the custody order and knowing the details of the event it's impossible to answer the question.

However, it's possible that the answer is yes but the reality is that, by the time you get the matter before the judge, it will be so far in the past, and so inconsequential, that the judge might just say "Don't do it again."

So, if the behavior has not been repeated, and maybe there was a plausible excuse, it might just be advisable for you to come down from your high dudgeon and get over it.
 
Sang said:
I have a questioning pertaining to family law in the state of Ohio. Specifically a child custody order and if a party failed to return a child, as ordered in a custody order, to the custodial grandparents would this constitute a violation of the custody order?

long story short the offending parent, after some time, did get custodial parentage over the grandparents. My question is, at the time the offending parent did not return the child, as arranged in the custody order, at that time would that constitute a violation of that custody order and could the offending parent be charged with interference of custody or contempt of court?
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Who has custody now? If you didn't report the contempt when it happened, I doubt there's much you can do now especially if the parent got custody back from the grandparents.
 
leslie82 said:
Who has custody now? If you didn't report the contempt when it happened, I doubt there's much you can do now especially if the parent got custody back from the grandparents.
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The parent was awarded custody after it was all said and done. But I guess I'm asking if at the time the offending parent refused to return the child to the custodial grandparents, would that constitute a violation of the custody order at the time of the offense. A violation in which the custodial grandparents could have filed a police report and or charges for interference with custody? Thanks
 
Sang said:
The parent was awarded custody after it was all said and done. But I guess I'm asking if at the time the offending parent refused to return the child to the custodial grandparents, would that constitute a violation of the custody order at the time of the offense. A violation in which the custodial grandparents could have filed a police report and or charges for interference with custody? Thanks
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Who are you in this scenario?
 
Sang said:
But I guess I'm asking if at the time the offending parent refused to return the child to the custodial grandparents, would that constitute a violation of the custody order at the time of the offense. A violation in which the custodial grandparents could have filed a police report and or charges for interference with custody?
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What you are really asking is if you can inflict some incredibly nasty punishment on your ex for keeping his/her child longer that specified in the custody order.

Reality check: Not gonna happen. Get over it.
 
The best way to get your answer is to talk to your lawyer. If you have no lawyer you can certainly (if a party to this) file a motion in court. However if the issue is now resolved its unlikely any action other than slap on the wrist will occur. Its best all parties learn to co-parent and get along for EVERYONES sake. Parent Nook Forums - Index page
 
Sang said:
The parent was awarded custody after it was all said and done. But I guess I'm asking if at the time the offending parent refused to return the child to the custodial grandparents, would that constitute a violation of the custody order at the time of the offense. A violation in which the custodial grandparents could have filed a police report and or charges for interference with custody? Thanks
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Who are you in this situation? It doesn't matter what happened then because no one did anything about it. So just move along.
 

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