# Failure to return child

**URL:** <https://forum.rosen.com/t/failure-to-return-child/15464>\
**Category:** Divorce and Separation Answers\
**Created:** [January 8, 2014, 4:25pm UTC](https://forum.rosen.com/t/failure-to-return-child/15464 "2014-01-08T16:25:23Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![uaremysunshine](https://avatars.discourse-cdn.com/v4/letter/u/919ad9/32.png) [@uaremysunshine](https://forum.rosen.com/u/uaremysunshine)\
**Post date:** [January 8, 2014, 4:25pm UTC](https://forum.rosen.com/t/failure-to-return-child/15464/1 "2014-01-08T16:25:23Z")

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This is a “what if” scenario but I feel like I should prepare for the worst case scenario since I’m starting to worry. Here are the facts and situation:

-I have primary physical custody of my 3 year old daughter, we share legal custody 50/50  
-We have a child custody order filed with the courts in North Carolina  
-The order does not address law enforcement involvement should one of us not return the child.  
-What can be done if he does not return her at the approporiate day/time? I am specificially worried because I have a non-refundable Cruise coming up with my daughter and his normal Wednesday night visit will be a day before we are scheduled to leave.

\*note, we have been through 3 separate bitter and expensive custody hearings, which is why I worry that he would try to seek revenge by an attempt to ruin our planned vacation.

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**Author:** ![Kathleen\_Putiri](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@Kathleen\_Putiri](https://forum.rosen.com/u/Kathleen_Putiri)\
**Post date:** [January 12, 2014, 3:56am UTC](https://forum.rosen.com/t/failure-to-return-child/15464/2 "2014-01-12T03:56:36Z")

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If he does not return his child, depending upon the jurisdiction that you are living in, you may be able to get law enforcement to assist you in getting the child returned.

Another option if he does not return the child, is to file a motion for [contempt](http://www.rosen.com/childcustody/carticles/understanding-the-contempt-process/). While it may not immediately help you, it will hopefully guarantee the child will be returned on time in the future.