x violating a no contact order with bf and my kids

[aero_8]

If you know the guy is there with your kids, you could also have the police go around for a safety check.

Be careful. Knowingly allowing your children to be around this guy sends one of two messages; You don't believe that the guy is any threat to your children and therefore the PO should be lifted, or YOU are a threat to your children by knowingly allowing them to be around this dangerous individual.

[BartSimpson]

If you know the guy is there with your kids, you could also have the police go around for a safety check.

Be careful. Knowingly allowing your children to be around this guy sends one of two messages; You don't believe that the guy is any threat to your children and therefore the PO should be lifted, or YOU are a threat to your children by knowingly allowing them to be around this dangerous individual.

Late to the Party, aero?

The OP does not want his kids around this guy, and has gone to great legal lengths to prevent that. Here we see him using a PI when most guys cheap out and do the leg work on their own. We also see the OP has not called the Police to assure that the Mother's violations are documented.

I think the Court would recognise the violation of the order has occurred with this PI's evidence and that the Mother - blabbering about the kids at grandma's or not in her possession - would have no defense.

I would think that the PI would be sufficently qualified as a witness for the Court to act now.

[anxiousdad]

I am patiently awaiting a call back from my attorney...or impatiently.

I didn't want to call the police over because I was afraid that the situation could become ugly, my ex is mentally unbalanced and so is the boyfriend.
I am afraid that if I got the police involved that they may refuse to hand the kids over and there could be some sort of standoff.
I feel the best thing to do is pick the kids up as planned this afternoon and once they are safely with me, refuse to give them back to her until this matter has been resolved in court.

Thanks for all the support, I really appreciate it!

The PI will be able to testify that he observed the children going to the mothers trailer directly after we exchanged the kids, he followed her there after the drop off. He never saw them leave, and there is no way he would be able to miss that. So they and the boyfriend were definitely there together.

[aero_8]

Not late to the party... I've been properly scolded by the judge before for not acting expeditiously enough. I waited to go to court until I had solid evidence. The judge flat out told me not to wait if I had any concern for safety, and under no circumstances would I be held in contempt for denying NJ access to the child while I waited to get before the courts. The safety of the child is paramount. Good for anxiousdad for following through on this. From my own personal experience, he's already got enough to go to court, and shouldn't let the NJ have the kids until that happens.

[anxiousdad]

ok, so I didn't drop the kids off yesterday,
an hour later I get a call from the family counselor from FOC.

this lady has had it out for me from day one, she is always defending the NJ and yelling at me.
So the NJ called her up and said I didn't drop the kids off, and she doesn't know why(she did know why)
So the FOC lady called me up and asked me what was going on, I told her the whole situation. Their was a long pause, and then she started in on me, stating that I didn't have the right to deny parenting time, that I had to drop the off.
I told her I consulted with my attorney and he advised me that since she is violating the no contact order with the BF and I have proof, that I didn't have to drop them off. It's a safety issue.
She told me..."well then, we WILL deal with you denying parenting time. We Will. Goodbye" and she hung up the phone.
I don't know what this woman's problem is. The NJ always plays the victim and me as the perpetrator, and she eats it right up.
This lady has all the criminal record convictions, she has the police report when my ex admitted to buying heroin and being beaten and robbed in Detroit, she knows she is an alcoholic, she knows she went to rehab and left after only 4 days. But she is always yelling at me, as if I am the bad guy.
Is their anyway I can get a new counselor? I really can't stand this woman.

[Fatheroffour]

Have you filed a motion with the court?

Because if you haven't then it amounts to you taking the law into your own hands which isn't likely to be viewed kindly by the court. If you are withholding the children you need to be asking the court to do something.

[Anything4Her]

I hope you filed a motion with the court as FoF said. If not, do so as soon as the courthouse opens tomorrow morning.
This is critical. You need to be able to go into court with clean hands.

You need to show that you acted expeditiously in the interests of the children by 1) withholding them from the dangerous environment, as already determined by the court , AND 2) immediately filed for Contempt and Supervised < parenting time > only. She knowingly violated court orders, assuming your evidence is solid.

I hope you already filed. If not, do so tomorrow, before the weekend. Even if it is an awkward, self written, emergency filing, get something on record. Bare facts, asking for change of custody because of the violated order. You can follow up with a well written lawyerly motion next week, but show that you are acting as quickly as possible in the best interests of the kids.

[anxiousdad]

I am going to try and get something filed by Monday or Tuesday. My lawyer wants money that I don't have, and he has told me not to file a motion myself.
In the meantime I have offered the NJ to come to my house to see the kids, told her she can bring her older son if it makes her feel more comfortable, and that I will be outside working in the garage while she is here.
I still have yet to have her ask for a time to come over.
My attorney thinks we should be able to get sole legal/physical with supervised < parenting time >