Mother took children with her

[Miller M2]

Jurisdiction

Arizona

Hello everyone. Today I learned that my ex wife (mother of our children 14 and soon to be 10) that she went to my residence and took the children with her because she feels that the kids are unsafe by themselves while I'm at work. We both have a court order 50/50 joint custody. I have read the law in regards of this. And I believe she is at fault. This happened less than 3 hours ago 6pm. Now the mother of our children texted me that I can't comunicate with them and that I have to go trhu her in order to communicate with them. During this week Have custody of them but it just so happens that my schedule changed and I'm unable to stay over night with the kids, 3 nights per every other week for now, I live in an apartment. I have upstairs neighbors that are a to go to in case of an emergency.

So now that she took the kids with out my permission what is the best approach to this matter?

Thanks once more!

 

[army judge]

So now that she took the kids with out my permission what is the best approach to this matter?

The best approach isn't the cheapest approach.

The best approach is for you to retain the services of a family law attorney you can afford and trust!!!

If you get involved, things will become worse for you and your children.

A licensed attorney knows how to get the matter before a judge who will adjudicate a lawful decision, avoiding/eliminating the emotional aspect.

Whatever you do, don't try to solve this yourself.

Why?

Because love has morphed into hate!!!!!

 

[zddoodah]

Today I learned that my ex wife (mother of our children 14 and soon to be 10) that she went to my residence and took the children with her because she feels that the kids are unsafe by themselves while I'm at work.

You wrote that this happened at 6pm, so I assume that's after they got home from school but before you got home from work. Right? What time and how do they get home from school? What time do you get home from work? Why does she feel this way?

We both have a court order 50/50 joint custody.

What exactly does that mean?

I have read the law in regards of this.

What law would that be?

I believe she is at fault.

I'm not sure what you mean by this. "Fault" isn't a relevant concept here.

So now that she took the kids with out my permission what is the best approach to this matter?

The best approach for any two adults who have a dispute is to try and resolve it amongst themselves. In this case, while your post isn't entirely clear, it sounds a bit like you were intending to leave the kids home alone overnight. If that's correct, then why shouldn't they be with their mother instead?

 

[Red Kayak]

Today I learned that my ex wife (mother of our children 14 and soon to be 10) that she went to my residence and took the children with her because she feels that the kids are unsafe by themselves while I'm at work. We both have a court order 50/50 joint custody.

Here's the thing: you were planning on leaving minors alone overnight 3 nights a week, with a neighbor being somewhat "on call". Once in a while is one thing, but close to half the time is problematic.

As angry as you are, you have to realize that her concerns are not completely unreasonable. Even though, legally, she violated the terms of your parenting plan, focusing on "she is wrong and should be punished" is not the best course of action to follow.

Do not be surprised by the emergency petition for change in custody/parenting plan that she is going to file. If you are not notified today, you will be by the end of the week. If you do not already have a lawyer, then get one.

She is not acting primarily out of spite, but out of concern for the best interests of the children.

If she's stupid and doesn't involve Family Court, then count your blessings and find a neutral 3rd party to help you two mediate a solution, and file the change in the parenting plan with the court.

 

[adjusterjack]

it just so happens that my schedule changed and I'm unable to stay over night with the kids, 3 nights per every other week

That's the nail in your coffin.

My kids were 10 and 8 when they stayed home alone after school until we, the parents, got home at about 5 PM.

But overnight, no way, not even with a 14 year old in charge.

Make arrangements with your ex to have the kids on the nights you work.

Otherwise, you'll end up in court and the judge will order just that.

 

[stealthy1]

my schedule changed and I'm unable to stay over night with the kids, 3 nights per every other week for now, I live in an apartment. I have upstairs neighbors that are a to go to in case of an emergency.

That's going to be a problem for you if she takes it to court, which she honestly should. The communication issue will not go well for her, but that's a different order of magnitude than leaving the kids home alone overnight three days out of seven, IMO.

Can you sort something out with your job for the weeks you have custody, or find someone to stay overnight with them?