Can my ex refuses to return my child?
Asked by: Mrs. Earline Green MD | Last update: December 16, 2025Score: 4.5/5 (3 votes)
Law enforcement can help you locate your child and ensure they are safe. If the
What to do when someone won't give your child back?
Go to the police with your custody order in hand. Ask them to send someone with you to retrieve the children. Also, notify your lawyer so he can notify the court.
What happens if a child is not returned to the custodial parent?
That parent is in contempt of court. The custodial parent would have the ability to go directly to court and file a motion, asking the judge to (a) order the parent to return the child, (b) fine the parent for violating the order, and (c) in some extreme cases, penalize the parent with jail time.
What to do when your ex is trying to turn your kids against you?
Difficult as it might be, do not react angrily. This could just play into the hands of the alienating parent. Do not under any circumstances punish or reprimand your child for the alienation, no matter how hurtful their actions – remember they are a victim just as you are.
What is it called when a parent keeps a child from the other parent?
Parental alienation is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child's relationship with the other parent and to turn the child's emotions against that other parent.
What if My Ex Won't Return the Kids?
Can a mother withhold a child from the father?
A mother can only keep a child away from their father in California if there is legitimate concern about the child's safety because of the father's behavior. Withholding visitation because of reasons deemed unrelated to a child's well-being can come with problems for the parent withholding visitation.
Can I call CPS for parental alienation?
Though parental alienation is emotionally damaging, it doesn't always fall under CPS' usual criteria unless it directly leads to neglect or abuse. The complexity of alienation often involves subtle psychological manipulation, which may not be obvious to outside agencies like CPS.
Can my ex refuse to return my child?
If your spouse does not return your child within a reasonable time frame and you have exhausted other options, consider filing a police report. This step can help establish a formal record of the situation and involve law enforcement in the resolution process.
What is narcissistic parental alienation syndrome?
It is a process of psychological refusal from a child towards his/her parent as a result of the influence of the other parent. Such a phenomenon usually emerges from conflictual conditions and, notably, in cases of child custody disputes, evolving into “emotional abuse”4,5.
What can I do if my ex is keeping my child from me?
- Ex-Spouses Should Talk To Each Other. ...
- Private Child Custody Mediation. ...
- Filing a Motion for Contempt. ...
- Consult a Lawyer. ...
- Contact Police and File Criminal Charges. ...
- Legal Expenses for Child Access.
Can the police help me get my child back?
Law enforcement does have the legal right to enforce a child custody order; however, custody disputes are usually considered a civil matter and the police might refuse to get involved. Child custody issues can become very complicated, and there is no one correct answer to all situations.
What is the biggest mistake in custody battle?
The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.
What if my child doesn't want to go back to the other parent?
It's important not to dismiss your child when they don't want to see their other parent. Have a conversation and listen to their reasons to validate what they're feeling. Sometimes, a child wants to feel heard. By listening, you could improve their outlook on shared parenting time.
Can grandparents refuse to give a child back?
But things can take a turn if a custody dispute arises. Grandparents can take sides, decide that their grandchildren are better off with them, and even refuse to return the children to their parents after a visit.
What happens when a child refuses to go with a parent?
Sometimes, with older children who refuse visitation, it may not be considered the parent's fault if the visit didn't happen. But if a child continually refuses to follow the visitation schedule, regardless of the child's age, then a parent may decide to get the court involved through contempt proceedings.
What to do when a non-custodial parent doesn't show up?
You can go to court to ask for a change of the custody order because the noncustodial parent never follows it. From there, the court may reduce the noncustodial parent's time or order them to attend a parenting class to learn about how their actions may affect their child.
How do you outsmart a narcissistic coparent?
- Don't Sink To Their Level, Stay Outside Of The Perceived Conflict. ...
- Don't Feed Their Ego, Stay Children Centered. ...
- Don't Take Responsibility For Their Emotion, Stay Grounded In Values. ...
- Don't Use Ultimatums, Stay Calm And Set Boundaries.
What are the signs of a narcissistic mother?
Narcissistic mothers prioritize their needs and crave admiration, often lacking empathy for their children, including their daughters. They may use manipulation and control tactics, such as gaslighting and guilt-tripping, and struggle to respect boundaries, invading their children's privacy and autonomy.
How to prove malicious parent syndrome?
Four elements define malicious parent syndrome: first, attempting to punish the other parent through alienating their children and involving others or the courts; second, seeking to deny child visitation, communication, and involvement in school or activities; third, engaging in repetitive lying and potential ...
Can I call the police if my child refuses to come home?
Involve Law Enforcement
After contemplating the situation and determining that there exists no valid reason for the teen to defy an existing order of the court regarding custody and parenting time, you may want to consider contacting the police or sheriff to escort your teenaged child back home.
What do I do if my ex refuses to give me my child?
Court Enforcement
Although you may pursue this independently, this is the point where the majority of people turn to an attorney for assistance. Your lawyer can file the proper documentation with the court, strongly advocate on your behalf, and request that the court enforce the visitation order.
What happens if a child is not return to the custodial parent?
If the other parent is not returning your child in violation of the custody order, you can call the police. Report the violation and ask the police to help get your child back. The police may ask you for proof of custody, such as a court order or custody agreement, before they help.
What will a judge do about parental alienation?
Remedies for Parental Alienation
A judge has the authority to take steps to protect a child's best interests. In severe cases, a judge might modify a custody order and place the child with the alienated parent.
What evidence do I need for parental alienation?
To prove parental alienation, you need to show that you have not been able to spend enough time with your child. Keeping detailed records of your contact with your child and the other parent can help you make your case.
Can you press charges for parental alienation?
IS PARENTAL ALIENATION ILLEGAL? Parental alienation is neither a crime nor a basis for a lawsuit against your ex-spouse under California law. If you believe your ex-spouse has engaged in a pattern of conduct that amounts to parental alienation, your divorce decree will provide your only path for a remedy.