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child not returned from scheduled visitation(timeshare)
By Ben I Farbstein esq
Jan 30, 2010, Sat, 30 Jan 2010 14:41

When a parent has a child that has not been returned; and was either taken by the other parent without consent, or was not return timely, and it appearing us as the child will not be returned; what should the parent under these circumstances o!? 

>Under all circumstances similar to these, there is no substitute for experienced legal representation; and even in those situations where there is little resources to pay for an attorney, consultations are necessary, hopefully to absorb through consultation, enough information to understand how the options.

>It is so often the circumstance with apparent that has taken the child and refuses to return the child, makes promises that if the child stays with him or her for just a certain amount of time longer, the child will be returned.  For the law is clear that the child is not return in accordance with the order of court, that sets forth the timesharing schedule, it will be a violation of a court order, subject to enforcement.

>It is not that difficult to prepare and file a motion for a pickup order.  A pickup order is similar to a Temporary Restraining Order; whereby the petitioner (the person requesting relief) fills out a form setting forth the allegations of what wrong was done, and requesting the return of the child.  The petition is taken to the court (by the attorney) and to the process allowed-set up by the judicial administration-the petition is hand-delivered with the court file (if a case is already pending) directly to the judge for review.  The judge will sign the order if he finds sufficient basis; and in certain circumstances even if there is no existing court order, if there are factual circumstances (i.e.: an established parenting arrangement between the 2 parents) these allegations will be explained and set forth in the motion/petition; and the judge will then consider if it is urgent and whether it is enough to sign a pickup order.

>A pickup order signed by judge, in the state of Florida, is a directive and order to the law enforcement officers, all of them, local police Department, State police, County sheriff's, every police agency, that is handed the order, is directed to assist by this court order, for the pickup of the child.

>Even though the order was signed, there must be a hearing, a return hearing where the other parent has an opportunity to come to court and argue why the child was wrongfully picked up at the pickup order, why the order should not stand, and why the child should be returned.

Always remember, you do not have to wait, in most cases.  It is not your best or the proper course, Puerto Rico only mean your children are in the hands of the other parent, and in circumstances where the timesharing is scheduled specifically, for a reason, do not allow the other parent to dictate when the child should be returned-a court order-is a court order; and a promise to have certain timesharing is a promise.  Engage an attorney/ counsel and pursue your pickup order and get your child back home without delay.  As a final note-if you have any concerns, and want to review any guilt or other types of psychological issues-immediately seek the assistance of a psychologist or professional, for guilt is a commonly used weapon used by parents against the other; just to buy time and keep the child.

Ben I. Farbstein is a Supreme Court certified family mediator and matrimonial trial practitioner in South Florida; practice limited to divorce and matrimonial matters only.



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