Monday, August 2, 2010

Q&A: My Boyfriend's Ex Ran Off with His Two Children, and We Cannot Find Her!

Q. My boyfriend’s ex ran off with his two children, and we cannot find her or contact her.  How can I help him?

A.  When your boyfriend’s children are missing, it can be a very stressful and concerning time.  But there are a few steps you need to take before taking action.

First off, it is important that you check the actual court order that is in place.  If his ex has full-custody of the children and has the right to leave the area without permission, then she is technically not violating the court order.  However, if there is any concern for the health or well-being of the children, then by all means, contact law enforcement immediately.

If your boyfriend’s ex is indeed violating a court order (say, for instance, your boyfriend has full custody and it was her weekend to spend with the kids and she never returned), then it is important that you notify law enforcement immediately.  Chances are, they will help him find his ex and their children, and in some cases, depending on what is going on, your boyfriend can file an emergency order to obtain full custody of the children if their lives were at risk or there was the possibility of his ex causing harm to the children.  Depending on the circumstances involved, she could be charged with kidnapping and prosecuted accordingly.

If anything, it is a good idea to have a police report of the incident in the event it occurs again or the issue ends up going to court.  This can—or rather, WILL—help your boyfriend’s case down the road if he tries to get full custody of the children.

Another very important factor if he was not married to her is that your boyfriend needs to establish himself as the father with a full set of parental rights.  I’m not talking only about having his name on the birth certificate, I’m talking about going to court and filing a Petition for Parentage and establishing—with an order signed off on by a Judge—a court order which gives him decision-making capabilities.  Then, and only then, will he have “standing” in the case.  He has got to make this happen to help enforce his rights as a father.

--Dennis Gac, Creator of the National Brotherhood of Fathers' Rights

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