Visitation

questions & answers

Question: I was awareded sole custody, my children are out of state with their father for visitation and he is refusing to return them. What actions should I take? Can I call the police where he lives or am I allowed to go pick them up if I'm able to travel?

Answer:

You may want to first call local law enforcement for help with this issue.  Below are Arizona laws pertaining to this issue:
25-1052. Enforcement under Hague convention
Under this article a court of this state may enforce an order for the return of the child made under the Hague convention on the civil aspects of international child abduction as if it were a child custody determination. 
25-1053. Duty to enforce
A. A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
B. A court of this state may use any remedy available under any other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
 
For more assistance you can utilize our online intake to see if you qualify for free or reduced legal services http://www.azlawhelp.org/accesstojustice/

 

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QUESTIONS

  • I was awareded sole custody, my children are out of state with their father for visitation and he is refusing to return them. What actions should I take? Can I call the police where he lives or am I allowed to go pick them up if I'm able to travel?

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