Vernal, UT asked in Family Law for Utah

Q: How can I take an Emergency Order for Child Pick up from UT Court and have it enforced in MN? he took kids against order

My name is Jessica. We have been in divorce process for over a year. The temp order on 9/3/19 gave us joint custody as we sought fit. He moved back to MN 11/2019 after the order was placed . He came to visit our kids a couple times then we had a status hearing due to me in fear of him taking the children. On hearing the Judge placed another order certifying the children were to stay in Utah until everything was done and that his parenting time was also to be done only in the state of Utah. We had a custody order in ND in 2016 that i figured was out of the question due to the marriage and no one residing in that state. He put a Request for Foreign order (ND order) to Utah and Judge signed it as recognition and he sought to it as that being the controlling order. He served me the papers and took the kids to MN on 8/25/2020 and has no intention of returning. he now has a court date for custodial interference (3rd degree felony) what steps do I take to fix this immediately

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2 Lawyer Answers
Lane Wood
Lane Wood
PREMIUM
Answered
  • St. George, UT
  • Licensed in Utah

A: I'm sorry that you are going through this. The process can be a tricky process. If Utah is the Court with jurisdiction, you can request a "pick up order" in Utah. This order should allow the police to help you regain custody of your children. Once you have the Utah Order, you would need to get a certified copy. The certified order would likely need to be registered in MN to be able to have the MN police enforce it. You would likely also have to go to MN to pick up your children. I highly recommend that you contact an attorney to help you though the process. The process can be complicated. With such a sensitive issue, you will want to make sure it is done quickly and efficiently.

Mike Branum agrees with this answer

Mike Branum
Mike Branum
Answered
  • Saint George, UT
  • Licensed in Utah

A: I agree with Mr. Wood. Having recently handled a similar situation between Utah and Nevada, I can tell you that the process is complicated EVEN FOR ATTORNEYS like Mr. Wood and myself. You truly need the assistance of a qualified family law attorney SPECIFICALLY in the county in Minnesota where your children are being held.

Make sure you stay in communication with either the prosecutor or the victims advocate in the criminal case. Returning the children should be a condition for his continued release in the criminal case. If he does not return the children, you should be asking the judge to hold him in contempt and place him in custody. If he appears electronically, you should request an extraditable warrant.

As an attorney and a parent, these cases are deeply disturbing. I hope you are reunited soon and are able to put this behind you.

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