My x is threatening not to return my daughter a the airport from his every other weekend visit.

Asked over 1 year ago - Carlsbad, CA

I know I can rent a car and chase them down but then all the flights will have left and we will be stuck doesn't seem good for her or I could drive 550 miles which again not so good at 9 pm.
I have a new job and have missed enough time due to his antics like this. part of his goal is to mess with my new job. If I fly to the Bay Area and he has not let me know he will be there and he does not show what should I do? Is it a legal right since the pick up is SFO and he doesn't show that he has to bring her to so cal asap (the next day)? Or am I still supposed to get her and have to rent a car and find them with the sheriff and drive back or see if there is some red eye. All this is so bad for a 2 year old! As a side note he is the legal presumed father who is fighting for primary custody

Attorney answers (2)

  1. Abelardo Fernandez

    Contributor Level 11

    Answered . You need to do what you can to get the child. You can call police and see if they will help track him down. Whether you rent a car and drive, or leave and then try to get him to comply, that is a hard question which you need to consider. If you are able to rent a car and drive and be safe, then this might give you more time to locate the child. After that you can file a motion to limit his time and for your costs.

  2. Sarah Jeannette Arnott


    Contributor Level 9

    Answered . I agree with my colleague. Assuming you have court orders re: custody/visitation, bring a copy of the order to your exchange and, if need be, ask to speak with the airport police, ask them for their assistance and file a report. If he lives local to the airport you are traveling to, similarly you can speak with the local police department. If you have a court order, that will help enforcement. Bring copies of your emails/text messages. I would text/email him before the exchange and explain to him, in no uncertain terms, that he is to comply with the orders. If he doesn't, and you are unable to get your child back, you would be advised to immediately file an ex parte request (emergency request), follow the requirements for service/notice of the ex parte on the father, and seek orders that the child be immediately returned to you, including language that any police or law enforcement officer with knowledge of the order take any and all steps necessary to take the child from father and return him/her to your custody.

    In the future, perhaps booking an earlier flight so you have more options would be advisable.

    Good luck.

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