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What can I do if my soon to be ex-husband wont return my children to me?

Snohomish, WA |

my husband and I are getting divorced and he has recently left me for my sister . Left me with nothing, took our two daughters and has since placed a protection order aginst me that stopped me from seeing my kids for 20 days total that was dismissed.despite all of my attempts to keep it easier on the kids, each time I drop them off with him at my sisters he never follows thru with giving them back which is what I am facing again. he has called cps and the police and went as far as to lie and say I abused the kids which I did not! and has kept them from school for weeks at a time. I am trying to avoid conflict especially in front of the children but am unsure what my legal rights are as to actually getting them back in my care. we do not yet have a parenting plan or custody settled.

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Attorney answers 2


If you are in the middle of your divorce and you have temporary orders they must be followed, if you do not, then you may go back to court and seek them which will include a parenting plan etc, if he is in violation of a current order, then a contempt type action is appropriate, please work with a local attny, he or she will protect your rights, take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


My heart goes out to you. The situation you describe sounds like everyone's worst nightmare of a divorce. I really recommend that you at least have a consultation with a good family law attorney in your area, even if you can't afford to hire them to represent you. I strongly expect that your husbands bad actions are going to come around to bite him, but you must keep being strong in the meantime. Best wishes for dealing with this awful situation.