| Last week's column outlined what to do if your "ex" | | | | parent) has occurred because the abduction was |
| doesn't return your children at the time identified in your | | | | intentional, it was without good cause, and it is in |
| court order. In many cases, these delays are neither | | | | violation of a valid court order. Communicate these |
| intentional nor malicious, but the product of poor time | | | | three elements and, then, it seems to me that you |
| management. However, some ex-mates remain angry | | | | have reported a crime that the police "have a duty to |
| long after the divorce, venting their displeasure at | | | | investigate". If the police still won't respond, ask for a |
| every opportunity, and the weekly "hand-off" is an | | | | police report recording that you made the complaint, |
| easy venue for making your life miserable. | | | | but be prepared that they may say "it's not ready yet." |
| As pointed out last week, you have a remedy if your | | | | 2. Then, go to the Prosecuting Attorney in the county |
| "ex" willfully violates the schedule in your court order. | | | | where the divorce was granted. Ask that they issue a |
| Take your case to the police. It is a felony violation of | | | | felony warrant for your "ex" for child abduction by a |
| Section 565.156 of the Missouri Revised Statues | | | | parent. Bring your court-ordered schedule, and the |
| punishable by up to four years in the pokey. | | | | police report of your complaint, assuming you received |
| Involving the police usually solves the problem, if the | | | | one. In all likelihood, the prosecutor will respond with a |
| police will intervene on your behalf. Sometimes, though, | | | | warrant directing that your "ex" be arrested. But, if |
| they are reluctant to step into what they see as a | | | | not… |
| squabble between private parties, not realizing that | | | | 3. You will need to retain an attorney who should file a |
| their reluctance emboldens the recalcitrant spouse to | | | | writ of "habeas corpus" (Latin for "produce the |
| push the envelope further. Just recently, a mother | | | | body") in the county where the divorce was granted. It |
| asked me what she should do about her former | | | | will be served to your former spouse and direct him |
| spouse who hasn't returned her children since | | | | her to deliver the children by a specific deadline. If that |
| Christmas…almost four months earlier! She has gone | | | | doesn't occur, take the writ to the police where your |
| to the police, but they refused to get involved, saying it | | | | "ex" resides and they are required to enforce the writ |
| was a "private matter". | | | | and recover your children. |
| "The police have a legal duty to investigate a crime", | | | | In addition, your lawyer should file a "contempt motion" |
| says Rob Livergood, Assistant Prosecuting Attorney | | | | with the Family Court for failure to comply with the |
| for St. Louis County, but the police also "have the | | | | court-ordered schedule. If your "ex" is found to be "in |
| discretion to decide if a crime has been committed". If | | | | contempt", the penalty is jail time until the children are |
| the first officer, after reviewing your court-ordered | | | | returned, plus paying your legal fees. |
| schedule, refuses to get involved, here is how to | | | | As prosecutor Livergood says, most problems are |
| proceed: | | | | resolved with the first visit to the police, but it's nice to |
| 1. Immediately ask for a supervisor and take your case | | | | know you have options for dealing with an ex-mate |
| up the chain of command, all the way to the chief if | | | | that persistently brings your kids back late just to be |
| necessary. Make sure they know that there is good | | | | difficult. |
| reason to believe that a crime (child abduction by a | | | | |