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Nj didnt show to court yesterday on her own motion and her lawyer withdrew. I havnt had my phone < parenting time > with S8 in 72 hours. Well being checks at my house found no answer and no vehicle. Ditto at her parents house 3 hours away in neighboring state IA. Officers in IA got NJs mom on the phone yesterday. Grandma stated she was en route to her daughter who was "having car trouble." Location not given. Today while filing the missing persons report at local PD, they reached NJs dad on the phone. He said "I know nothing. I cannot help you." GAL called me today, a Saturday, to see if she turned up. She's worried now. Smh.
As some of you know, Nj is a diagnosed severe Schizophrenic. I am all but certain her parents have my boys and committed Nj, and are buying time until the hospital releases her nice and medicated. Either that or they truly do not know her whereabouts.
Im pacing and waiting for the phone to ring. Tempted to go buy a pack of cigarettes. Been off of them for 6 months..
Turns out NJ went off the deep end like I Thought. She went into the police station in a different suburb where they called an ambulance and admitted her. S1 & S8 were with her and the cops called her brother who came and got them. I was not called. Brother apparently called child services to take pocession of the kids. Investig,ator went out there, but somehow my kids were handed over to NJs parents. Again I was not called. The police department in my suburb (where I filed the missing persons report yesterday), says this is "sticky" as far as me being able to enforce the law to give me my children. But as of now they are still having trouble actually locating the grandparents (I am in IL, and grandparents own a home in IA and MO). I know it's Sunday, but I called and left a message with my lawyer and thr GAL. This is the big break my lawyer said I neededin order to be able to motion for custody and exclusive occupancy back to me.. Man I wanna celebrate, but I get the feeling it aint over yet. God knows I aint slept on 3 days.
For starters, congrats on being 6 mos cigarette-free. No matter how stressful, this is no time to light up. Do whatever it takes to resist the urge - chew the gum; wear the patch; get plenty of exercise; etc.
Always remember, there's nothing more addictive than cigarettes. It's the only thing on the market that, when used as directed, will kill you. Your son doesn't need that. Your job, right now, is to do the right thing.
Rule of thumb = Doing the right thing will always cost you something.
Now then. Down to the business at hand. First thing Monday AM:
1) Go to ex parte at your local courthouse (in Illinois) and get a Writ of Habeaus Corpus. You'll need to draw up an affidavit, produce evidence and/or witnesses.
For you, this is Job #1. This instructs police in your state to do whatever it takes to locate your son and return him you. You, in turn, must bring him to court as soon as he's in your custody.
Bottom line = Do whatever it takes to get that writ!!
As of this moment, you are a man with purpose. Let no one or no thing dissuade you from that purpose.
Translation = Do not pass Go. Do not collect $200.
2) Take that writ to ex parte in courts of competitent jurisdiction in each of those other 2 states (Missouri & Iowa) and get "Writs of Assistance." These writs instruct local police in those states do do the same as paragraph #1, namely help you locate your son and return him to you.
I trust we are clear on this!!
3) Be ready for all hell to break loose.
4) Once you have your son, go back to ex parte and get temporary custody, supervised < parenting time > for your ex, and all that other stuff outlined in The List. Leave nothing to chance.
Remember, what's done in ex parte is only temporary
5) Go back to Family Court and file a Motion to Shorten Time. You've got good cause. Also file charges against your ex for custodial interferrence. Do the same in criminal court for her parents. That'll keep the other side busy and, at the same time, buy you the necessary time you'll need to take care of business.
Your moment has arrived. It's up to you to make your move and make it count.
The idea is to keep the other side busy where they have to play catch-up. Hopefully, they'll never catch up.
Ehh. I really wanna give you guys all the meat and potatoes right now, but a quick search of this site by her family or her I.T. brother can definitely narrow this down as to who it refers to.
So all I can say is that the local detective is washing his hands free of this case, as my kids are no longer deemed "missing" because he has been informed that they "are with" the grandparents. He does not know if they are in IL, nor does he say it matters. He says what matters is that they know who they are with.
So basically the cops are handling this case with gloves on because it is already a custody issue in court.
Again, I'd like to disclose my recourse here, but I feel it might compromise the mission. Thank you Tom, and FoF, for the good words. I will post back soon.
I believe in most states it is a felony for someone to keep children away from their parents. Custodial interference or something like that.
Its also called kidnapping. You may want to call the police and report that your children have been kidnapped.
Making official reports to the police with recorded 911 calls makes it difficult for them to ignore. You want to put the cops into a position where its easier to pursue the case than to ignore it. Be a pain in the < hindquarters >. Call the media and tell them that the cops are willfully ignoring a kidnapping case. Apply pressure.
Assuming you have a lawful right to custody, hiding the children from you, or removing the from the state to keep you from them would certainly be Custodial Interference (a felony). Produce your paperwork showing your right to custody, and demand the police return your son.
Tom gave some great advice btw. once you've got your son, filing for temporary custody ex-parte will make everything fall into place. Also, once you've got your son, drag this out. Time is your friend. You will establish status quo, and have clearly demonstrated that you can provide a good home for your son.