I am located in Illinois and have a court order granting me temporary majority custodialship of my children. Their mother was granted temporary visitation while staying in the area. During the last visit with their mother, she fled the state (against the court order) and is in California. Law enforcement told me there is not much they can do without a criminal charge against her. From what I have read on what is considered parental kidnapping in the state of Illinois, it appears she has violated that law. How can I have a warrant issued for her arrest in order to help facilitate the safe return of my children?
It's probably not kidnapping -- you seem to know where she is and if that's true a kidnapping charge won't stick. Just enforce your order. Talk with your lawyer and he/she will go to court to get the right papers entered in the record. Those will be sent to law enforcement in CA and either she'll get the message and return with the kids or you'll make arrangements to get the kids.
It all starts with talking with your lawyer.
There are many things that can be done, but you first need to have someone review the court orders you are talking about. Assuming what you sy to be correct, a criminal charge against the mother like a body attachment from a contempt finding is enforceable only in Illinois. I would go to the court that has already issued some orders, ask for an order of protection and if granted, have the order provide that you are allowed to go to California to pick up the children. I would then call the local police where mom and the kids are and ask them if they will assist you if you present them with a certified copy of the order. If they will fine, if not, you may have to talk to an attorney in California about filing a case there to enforce the Illinois order.
in addition to what wes and burt said, you could hire a lawyer in calif. and file a petition for a writ of habeas corpus.
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