Children taken from father by wife during separation


After years of a tumultuous marriage, my wife has filed for separation. While I expected this move from her, what is shocking is that she took my two children ages 6 and 3, told me she was going to visit family 700 miles away and would be back in 10 days. Eight days later I received her notice for separation from her attorney stating that she is moving in with her parents, and is taking my children with her. After repeated attempts to contact her and her attorney for information on when my children will be brought home, I have received either an “I don’t know” or “you have to speak with my attorney”. Her attorney also will not communicate unless I have a lawyer call her. We are going on 19 days now that they are gone. Is this kidnapping? Do I file a motion to have the courts force her back to this state immediately? Is she in contempt of court if she does not return? Will a judge view this move in a poor light for a woman who has taken the children across state lines away from their father. She wants full custody. I don’t see how the court can view this heinous act and grant her any custody? Please help.


If your wife has left the state with the children and is threatening not to return you need to file an action for emergency custody to have the children returned to NC immediately. Your wife will be in contempt of court if she does not obey and order to return. Her actions in taking the children from you and not disclosing there whereabouts will certainly not be viewed favorably by a judge.


Thank you for your reply!


You are welcome. I wish you the best.