Q: My son's mother (under a joint custody agreement) has taken him out of state. What is the process of getting him back?
The mother has threatened to move previous times, but this time she actually has done it and even married another man. One of these times was to her native Hong Kong. So at our second primary custody hearing (long separate story) the judge ruled more or less in my favor granting joint custody while mom remains in CO and included an additional provision of a parenting plan in the event the mother does move to Hong Kong which indicates I have full custody. My lawyer gives me the impression that this is enough (her sudden move to Washington) to enforce the full custody provision despite it saying "Hong Kong". In either case, it is joint custody so at the very LEAST she is now violating my parenting time every other two days if not everyday. I figure I need police help in returning my son back to me which I think needs a warrant, and I know the first step is an ex-parte motion which my lawyer will help me with. But what are all the steps in between to enforce my CO custody order?
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A: If you have an attorney you should consult with him or her, as he or she will truly know the specifics of your case and what you need to do. This will include your attorney letting you know the steps you need to take.
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