Can I make a citizens arrest for child custody interference in Texas?
I have had the hardest time getting my visitation enforced because officers in my ex-wife’s county will not enforce an order or make an arrest. Can I make a citizens arrest for custody interference?
The children are 9 and 11, I have joint custody and there is a court order in place for visitation. Officers have been called out and will not take action. In Texas it is a state jail felony to commit child custody interference.
No, the police are not getting involved for this is not a criminal issue, it is a civil. They are not required to act on your frustration for the no-compliance of your ex-wife–especially if she is the custodial parent.
You can not make a citizens arrest for her violating a civil (child support) court order. You can and should go back to the divorce lawyer and take her back into court for contempt. . Laws in Texas are much different pertaining to this sort of contempt of the order and the law. You might have "joint" custody–but she has the parental right and the main residence over you. We also are not aware of all the facts of your decree– only what your inquiry pertains to–always two sides to a story.
You do not mention how old the children/child are/is? This also makes a difference.
Start thinking like a women–not a man and you will do much better–keep one step ahead of her.
I would advise you , once again, to seek the advice of your attorney.
Good luck to you.
Edit: While I agree that it is a State felony for interference with court order–what you presented does not meet the criteria, this is why the police are not stepping in to interfere.
I understand your frustration–but, the police are correct in what they are doing, whether you choose to understand or agree with their decision’s.
September 1st, 2010 at 6:31 am
Nope, the best you can do is take her back to court and ask the judge to find her in contempt. The officers will NOT get involved, if she is the primary custodial parent. To them, it’s a civil issue and one for the judge to sort out.
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EDIT:
While it is a state jail felony here in Texas, the scenario you post is NOT an example of a violation of Sec. 25.03, Interference with Child Custody. If you had physical custody and she refused to turn them over, that would be a different story.
The law deals with custody, not visitation. The two are distinctly different and worlds apart.
September 1st, 2010 at 7:00 am
No, the police are not getting involved for this is not a criminal issue, it is a civil. They are not required to act on your frustration for the no-compliance of your ex-wife–especially if she is the custodial parent.
You can not make a citizens arrest for her violating a civil (child support) court order. You can and should go back to the divorce lawyer and take her back into court for contempt. . Laws in Texas are much different pertaining to this sort of contempt of the order and the law. You might have "joint" custody–but she has the parental right and the main residence over you. We also are not aware of all the facts of your decree– only what your inquiry pertains to–always two sides to a story.
You do not mention how old the children/child are/is? This also makes a difference.
Start thinking like a women–not a man and you will do much better–keep one step ahead of her.
I would advise you , once again, to seek the advice of your attorney.
Good luck to you.
Edit: While I agree that it is a State felony for interference with court order–what you presented does not meet the criteria, this is why the police are not stepping in to interfere.
I understand your frustration–but, the police are correct in what they are doing, whether you choose to understand or agree with their decision’s.
References :
September 1st, 2010 at 7:33 am
You can. If you are asking if such an arrest would be lawful or would leave you open to a lawsuit for millions, you would have to give a lot more info. I don’t know if you have custody or merely visitation. I don’t know if you are prepared to immediately take charge of your prisoner and deliver your prisoner to the nearest available magistrate. I don’t know if there is any court order in place and I don’t know what any such order says. I don’t know if someone is interfering with custody that you already have, or simply declining to give you custody. In short, if you want a meaningful answer, to a question that could cost you everything including your freedom if you got it wrong, you might want to hire a lawyer who could review all the documents and laws of your case and give you an opinion. On the other hand, if you are willing to risk everything based on opinions of anonymous people who do not have all the necessary information, then this is the place.
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