Wife took most of the stuff out of house and is hiding kids


#1

Hi,

I am seeking help for my brother. He came home yesterday to find a horse trailer backed up to his front door and his wife, Jane, and Jane’s sister and boyfriend packing “her” things. She had taken their kids earlier that day and hide them.

My brother turned around and went to the sheriff’s department. They were no help at all. He asked that our aunt go to the house to ensure that certain items were not being taken. My aunt said that she would not go alone so they called and asked the sheriff’s department to at least go with her. They sent a car over there.

When my aunt pulled up, she greeted the officer. The officer was extremely rude with her. the basic conversation:
A (aunt) I believe I am supposed to meet you.
O (officer) who are you
A I am ******
O well what do you expect me to do, I don’t know why you want me here or what you expect me to do, I have better things to do than this
A well I just don’t want to go there alone because it would not be safe and could get out of control

My aunt and the officer went up to the house. The people at the house were in the process of packing almost everything. While there my aunt checked on a few things and asked about the kids.

A jane, where are the kids?
the guy that was with jane, they are somewhere safe, at their grandparents house, well not her moms but my moms.

my aunt began to ask for more detail, but the officer stepped in and said " we are not going to have a trail here and I need to go so that means you need to go",

A why do I have to go?
O you have to go when I go
A Why?
Jane she doesn’t have to leave, she isn’t bothering anything
O well she has to leave when I leave.

So my aunt just left.

My brother then called me up and asked that I go and just sit and take note of what was being taken. I told him I would not go alone, but I would if my aunt went. When we got there, everyone walked inside and my aunt heard the guy calling the sheriff’s department. (I did not know it at the time, but they claimed that we were going through the trailer, which was untrue, as we were remaining beside my aunts car)

Two officers came the this time. I went over to talk with the one that had been there the first time. I put my hand out to shake the officer’s hand and he just put his hands on his hips and said “who are you” I said “I am …'s brother.”

after that he no longer spoke to me.
O to A: why are you here? you were told to leave. this is the second time I have been up here in the last hour and I have better things to do.

A I didn’t realize that jane had asked me to leave, I thought it was her sister.

The officer then left and went to speak with jane
The second officer there was extremely nice and was just telling us that there was nothing we could do, we tried to explain that we were not doing anything other than taking mental notes of what was being taken
The first officer returned and said that we had been asked to leave. My aunt asked if it was jane or jane’s sister that asked. He went one last time to speak with jane. He quickly returned and said that we had been ordered off the property and if we did not leave we would be arrested with trespassing. My went to the front door of her car to leave and turned to address the officer

A sir I do not know what I have done to offend you, I have not been rude or disobeyed anything that you have told me to do or broken any law
O you came back after being told to leave

I just told my aunt to leave and we left.

So here is our problem:

We still have no idea where the kids are. We talked with the magistrate and he told us that it was wrong but there was nothing he could do legally. My brother called a social worker because jane has had a drug history. about 5 years ago, she was arrested in a drug raid. My brother’s daughter was in the house at the time and drugs were found on the property. Jane’s sister is a big meth user. Jane’s sister and guy both appeared to be high yesterday. Jane has been taking nerve pills and pain meds that her sister had been giving her. We had no idea where his kids were nor whom they were with. Two have bad asma and jane and her family smoke in the house.

Jane had a phone that my brother was paying me for and was on my account. She was supposed to have left it at the house but took it with her. They wanted me to file a stolen property report but I have not yet. I am planning on doing so here shortly.

Last night she sent him a couple txt, which he has saved. One said “how do you expect to talk with the kids if you cut her phone off” and the other said “You don’t want to talk with me? I guess I won round one.”

Why was the way she took the kids not considered kidnapping? We had no idea who they were with, where they were, or if they were at a safe place. The social worker was extremely upset that the sheriff’s office did nothing about that, not even a welfare check.

We are going to file a complaint against the rude officer. He was extremely unprofessional. He took no time to actually find out what was going on. Jane does not work, so she does not pay rent and her name is not on the lease. It does not make any sense how she could order us off my brother’s land. Why was she allowed to have who she wanted at my bother’s house while he was not allowed to have anyone there?

Is she allowed to just take whatever she wants to while he has to sit back and watch? I know in texas neither are allowed to take anything out of the house without a court order. She could have taken everything (which she almost did) and only claimed that she took a couple things and that she has no idea where the rest of it is. Why does she have the right to take everything and force him to get a court order to get his stuff back?

I know this seems like a lot but we really need help fast.


#2

Your brother needs to file an action for Child Custody and include a motion for Emergency Custody, and he should do so immediately. Until a court order is in place, both parents are said to have full rights to the children. His wife’s actions in taking the children and refusing to disclose their whereabouts is not kidnapping, but it is grounds for emergency relief. Once an order is issued law enforcement can and will enforce any order of the court, and your brother will be able to see his children again.
As for the property issues, when parties are married, the title to the property is irrelevant, which is why the police could not do anything to stop her. Your brother needs to include a claim for equitable distribution in his lawsuit in order to protect his interests in the marital estate.
I would suggest you urge your brother to contact a lawyer and begin this process immediately.