Returning of Children in a Court Order

Updated on December 31, 2012
H.K. asks from Nescopeck, PA
11 answers

Hi Moms,
My babysitter has 3 young girls she has raised for 6-7 years now since they were taken away from thier parents be children and youth. The natural mom gets them Fri. 6p.m. til Sat. 6p.m. The mother didn't return them yesterday because of a snowstorm. She said she would return them today and now she says she will return them new year's day. The mom seems to get away with everything from taking the girls to a petafilee's house having them all sleep together in one room with another couple's boys. The girls' counselor reported it to Cand Y but isn't this like kidnapping. It wasn't agreed for her to keep them. The babysitter cannot find the mother her cell doesn't work and she has no landline and has moved with no forwarding address. What can she do will the police do anything or does she simply have to wait for Cand Y ? Any suggestions will be appreciated. Thanks in advance H.

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T.V.

answers from San Francisco on

If she has the paperwork and the mother has violated the temporary custody agreement, I would take the paperwork to the police department and swear out a complaint and let them know that she has a concern for the children's safety.

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L.M.

answers from Dover on

Technically, it is kidnapping if a non-custodial parent does not return a child in their care as scheduled. Now, due to a snow storm seems reasonable to me (if it would have put the kids at risk to travel due to danger roads). When she said NY day, the guardian should have insisted this is not ok. She should call the police.

The pediphiles are most likely in violation of their paroles if they have children in their home...again, call the police/notify the court. It also shows mom is putting kids at risk.

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R.M.

answers from Cumberland on

Call the state police.

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G.B.

answers from Oklahoma City on

These children have basically been kidnapped. If she lets this mom get away with this the mom will continue to push the boundaries. If she does not know where they physically are then she is not doing right by them.

This mom could be selling them to this pedophile for his pleasure or to make money off them. They could even be in another country by now. She has no idea.

She should not be allowing this at all. If the kids are still in the states custody they could actually take them away from this care giver. She is not following the correct standards for visitation they are sure to have set when they gave the kids to her.

She needs to report them missing if she cannot reach the mom. Then she needs to call child welfare and let them know the mom has taken the kids and did not bring them back according to the court order. If the weather was so bad then that is understandable but she did not need to keep them until later this week when it's not part of the court order. She got her kids taken away for a reason.

AND if the mom is truly taking the kids to a peodiphiles home all your babysitter needs to do is tell them everything she can about who he is. They have records of each one of them and can figure out who it is if she does not know who he is.

Also, just because someone has a sexual offense record it does not mean they are a child offender. He could have been a teen and had sex with a girl who said she was older, he could have got caught peeing outside, he could have done any number of things to be on a sexual offenders list. Still, the police will have a record of these people and have some way of tracking that person down.

If a police officer shows up at that person's home with a complaint that children have been in his home then that person will likely cooperate with them to tell them where the mom is staying, she may even be there.

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K.B.

answers from Chicago on

If there is a court order -call the police.

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M..

answers from Anchorage on

She needs to call the police.

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M.P.

answers from Portland on

Unless the state has issued a court order for their pick up by the police, the police will not get involved. This is not kidnapping. It's a violation of a civil, not criminal, court order.

I don't understand this situation at all. Is the state involved in placing the children with your babysitter? Is this what "be children and youth" means? If so, it's highly unusual for them to still be with her 6-7 years later. In Oregon the children have to either be placed back with the parents or be in the process of having the parents' parental rights terminated within a year of them being taken. Because of technicalities this can drag on for longer but 6-7 years is very unusual.

Your babysitter needs to get in touch with the children's caseworker if the state Children's Services Division is involved. The caseworker is the one to put a stop to this, usually by returning to court.

What is a petafilee? Do you mean pedophile? If so, then the caseworker needs to handle this unless this person has been judged by the court to be a pedophile in which case the police can remove them from that home if they're there.

How old are they and how old are the boys? That would matter in determining if this is illegal or unacceptable.

Your babysitter needs to tell the caseworker what is happening. There will be someone in the office tomorrow, Monday.

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F.O.

answers from Los Angeles on

If it is deemed "kidnapping" police will get involved. If it's simply a matter of court order, they will not. You or whomever will have to file a motion in court and review custody/visitation, etc. BUt something about the story seems off.

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C.S.

answers from Las Vegas on

I would strongly suggest she file a report of missing persons, but you mention she was now going to return them on NY's day. Was it agreed? How did the Foster Parent find out that was the plan?

If the court order has expired, report it.

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J.S.

answers from Hartford on

If there's a court order then your babysitter needs to call the police. If she knows for a fact that the mother is bringing her children to a pedophile (?) then she needs to report the pedophile's name and address as being around children and the mother as an accomplice. It's up to the police to sort it out. They're mandated reporters anyway.

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D.H.

answers from Louisville on

Not sure of the rules there, but when my grand went on visits, if she was not returned to me at the appointed time, I could call and get the police involved - it did not matter that one of her parents had her as I have custody and atty said it was kidnapping!

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