Cincinnati, OH asked in Child Custody and Family Law for Ohio

Q: I am the sole residential and legal custodian of our 2 children. My ex-husband has not returned our children.

My ex-husband has picked up our children for spring break and was to return our children back to me on 3.29.20. I drove to Chicago on 3.31.20 where he claims to reside to attempt retrieval because he claimed he couldn't drive due to surgery the week of 3.23.20 - 3.29.20. I had police escorts and my children were no where to be found. He denied me access, did not provide an address of where our children are located. Essentially, he is using the Pandemic and not being able to drive as excuses. It is in our order that he provide all transportation since he moved out of Hamilton County. I am afraid if I drive up again he will deny me access again. As he has still not provided a valid address. Now he's saying he will give me our kids if I drive back to Chicago. Domestic Relations is still not open I believe and I am unsure what to do. His excuses keep evolving. If I go and he complies he is saying I can't get our children till 7pm 4.12.20. He is unreasonable and not following our order.

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1 Lawyer Answer
Nicholas P. Weiss
Nicholas P. Weiss
Answered
  • Divorce Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: Your only remedy here is to file for a motion to show cause. I would also file a motion to modify parenting time if he is fundamentally violating the current order to prohibit him from pulling this again. The court likely won't be able to rule on it for a while, but the threat of attorney fees may cause him to rethink his position.

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