My question involves a child custody case from the State of: Ohio
This is quite a messy situation involving "Jack" & "Jill", I'll try to explain the best I can.
Jack & Jill have been living together in Ohio for 7 years and have 2 children but never married. A few months ago Jill began an online affair with a much older man (over 35 years older). One day about 3 weeks ago while Jack was at work, Jill packed up the kids and left for Indiana (6 hours away) where this man lives. She left a note that said she was taking the kids on vacation and would contact him in a day or so, but she never did. It didn't take much to figure out that she had went to this man's house and the police in that town did a welfare check to verify they were there. Since there was no custody order, there was nothing the police could do. Jack immediately gets an attorney and files and is granted an ex parte order of custody. Jill is served those papers, but 2 days earlier had filed for a protection order that was granted. Jack has since learned she used fake photographs to obtain that order and his attorney is working with the judge in Indiana to get that dropped. The judge there agreed that yes, the Ohio order must be upheld and she is to return the children to the jurisdiction in Ohio and into Jack's custody. She has not yet complied and probably won't willingly. There is a hearing set for Sept. 11, but Jack is to have custody until that date. The oldest child is registered to start kindergarten in Ohio mid-August. To add to the plot twist, Jill MARRIED the man she met online ONE WEEK after meeting him in person for the first time. This man and Jill have allowed zero contact between the children and Jack (and all other family members). Jill has a history of mental illness and marrying a man after knowing him for one week supports that she is not stable right now, causing concern for the children that are with her.
My questions are:
#1: How is the ex parte order enforced? The order states to bring them back "immediately" but how long can she get away with not bringing them back?
#2. With all the shenanigans Jill has pulled to try and alienate Jack from the children are his chances of custody good? He is willing to offer joint custody but she would have to stay in Ohio for that to happen and she is determined to live in Indiana with this man. All of the family members from both Jack & Jill's sides also live in Ohio, in the same area and can offer help and support. Jill has no one in Indiana other than the older man she married (no he's not rich at all).
Thanks!
This is quite a messy situation involving "Jack" & "Jill", I'll try to explain the best I can.
Jack & Jill have been living together in Ohio for 7 years and have 2 children but never married. A few months ago Jill began an online affair with a much older man (over 35 years older). One day about 3 weeks ago while Jack was at work, Jill packed up the kids and left for Indiana (6 hours away) where this man lives. She left a note that said she was taking the kids on vacation and would contact him in a day or so, but she never did. It didn't take much to figure out that she had went to this man's house and the police in that town did a welfare check to verify they were there. Since there was no custody order, there was nothing the police could do. Jack immediately gets an attorney and files and is granted an ex parte order of custody. Jill is served those papers, but 2 days earlier had filed for a protection order that was granted. Jack has since learned she used fake photographs to obtain that order and his attorney is working with the judge in Indiana to get that dropped. The judge there agreed that yes, the Ohio order must be upheld and she is to return the children to the jurisdiction in Ohio and into Jack's custody. She has not yet complied and probably won't willingly. There is a hearing set for Sept. 11, but Jack is to have custody until that date. The oldest child is registered to start kindergarten in Ohio mid-August. To add to the plot twist, Jill MARRIED the man she met online ONE WEEK after meeting him in person for the first time. This man and Jill have allowed zero contact between the children and Jack (and all other family members). Jill has a history of mental illness and marrying a man after knowing him for one week supports that she is not stable right now, causing concern for the children that are with her.
My questions are:
#1: How is the ex parte order enforced? The order states to bring them back "immediately" but how long can she get away with not bringing them back?
#2. With all the shenanigans Jill has pulled to try and alienate Jack from the children are his chances of custody good? He is willing to offer joint custody but she would have to stay in Ohio for that to happen and she is determined to live in Indiana with this man. All of the family members from both Jack & Jill's sides also live in Ohio, in the same area and can offer help and support. Jill has no one in Indiana other than the older man she married (no he's not rich at all).
Thanks!
Ex Parte Custody and Other Craziness
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