I was granted custody of my 4 year old daughter by a Maryland Judge and my estranged wife fled to Illinois with our daughter and has been hiding with her for the past six months. Upon fleeing the Illinois, she filed for Protective Orders against me on completely falsified allegations of domestic violence, and was awarded the Orders from an Illinois Judge....she did this to be sure I could not regain physical custody of our daughter. I understand this is Parental Kidnapping or at least Custodial Interference, yet no one will help me! I've been told by Maryland States Attorneys office and also Maryland State Police that they cannot help me in reuniting with my daughter (despite showing them proof of my having custody) because of the false Protective Orders she has against me in Illinois. My estranged wife has manipulated the courts in two states to prevent me from having contact with my daughter who I love and miss very much. It has been nearly six months since I have seen her and I feel stuck. Please help?!
You should hire an attorney in the county in Illinois that the Protective Order was entered into.
The content provided herein is for general information purposes only. This information contained within is not legal advice, nor is it intended to be. This information does not create an attorney-client relationship. You should not act upon information contained on this site without first seeking advice from an attorney.
You probably need 2 attorneys. 1 in MD and 1 in IL. The Uniform Child Custody Jurisdiction Act is very complicated which controls where your case should be. You have reached out to the wrong parties for help. Unfortunately, your waiting more than six months makes everything even more complicated.
This is not to be considered legal advise and no attorney client has been established.
I think you need to understand that there is no such thing as a "false protective order." Once the Court grants it, it's real and binding. You need to make sure you get an attorney in Illinois that can get it overturned. if the PO is upheld, then there's no claim for kidnapping, provided the PO awards her custody.
The information provided in this response is for general informational purposes and does not form an attorney client relationship. Further, the facts of each case are distinct and therefore other than general guidance, the answer cannot specifically apply to all aspects of your case.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline