How should my sister bring her son home, across state lines, during a messy divorce proceeding?
September 2, 2012 7:41 PM Subscribe
Asking for a friend: How should my sister bring her son home, across state lines, during a messy divorce proceeding?
posted by anonymous to human relations (7 answers total) 3 users marked this as a favorite
I am posting for a friend, who, I presume, has a lawyer already:
My sister has been in a very high conflict divorce, jurisdiction is in her state. She has extensive documentation, medical and 3rd party records that counter husband's false allegations.
14 year old Son has been totally alienated from her. A few weeks ago she got a temporary restraining order granting her sole custody and preventing husband from having contact with her and the 2 kids. Day before school started Father puts money on the son's bank card, which lets him buy a plane ticket to the Grandfather's place, a 6 hour drive in another state. Father lives a short drive from Grandfather. After attending school for a few days, Son skips school, flies to grandpa who picks him up at airport.
Police find him 3 days later in the early morning. He claims sister was abusing him, police photograph mild bruises on his back. State laws allow him to be left with Grandfather rather than be turned over to social services.
Sister has to wait a week for the TRO hearing, for which the husband does not show up in court. She is granted full custody, and he is barred from any contact with children except under supervision. That morning a Private Investigator photographs Grandfather and Grandmother packing boxes into cars, and leaving with son. They are not seen for 48 hours. Fortunately they returned and police were able to bring son into social services where he is being held for 72 hours.
Because she is named on the protection order, my sister has to personally go to pick up her son in the next 48 hours.
She has arranged for placement into a hospital for evaluation in her state. How can she physically get him back home?
Driving or flying alone with him is not an option as he would run away and falsely claim abuse. Several professionals involved are worried that he may harm my sister. So far no agency has a way of dealing with a runaway that does not want to go home. Sheriff, PI, hospital, national runaway foundations, all have no answers.
Any specific ideas, names of companies that can handle this? Any laws that can compel the authorities to provide interstate transport?