|If you think that your spouse may leave the state or with your child without notice to you and without the approval of court, you might want to have something like the motion below ready.|
COUNTY SS. COURT
MOTION FOR AN ORDER REQUIRING THE ARREST OF JOAN DOE
Pursuant to Rule 4.3(c) of the [Your State] Rules of Civil Procedure, John Doe moves this Court to order the arrest of Jane Doe to secure compliance with this Court's Judgment of Divorce and/or Order made on _______________ requiring Jane Doe to give John Doe physical custody of the child Stephanie Doe. A copy of the Judgment/Order is attached.
In support of this Motion, John Doe states that (1) the above-described Judgment and Order requires the performance of an act; (2) the neglect or refusal to perform that act or take the action requires would be punishable by this Court as a contempt; (33) Jane Doe is about to depart from the Commonwealth with the minor child, Joanna Doe, and (4) there is a danger that such Judgment/Order will be rendered ineffectual on account of such departure.
An affidavit in support of this Motion is attached.
JOHN DOE, pro se
MOTION FOR AN ORDER REQUIRING THE ARREST OF JANE DOE
2. On or around ____day, DATE, I was to talk by telephone to my daughter Joanna, but my wife, Jane Doe, told me that my daughter was unavailable >and would remain unavailable for the scheduled telephone call.
3. Also on or around ____day, DATE, my wife, Jane Doe, told me that my daughter would also be unavailable and would remain unavailable for the scheduled visitation on ____day, DATE, because they "had plans to go away" and were "involved in something."
4. After I caused my attorney to call my wife's attorney to learn what was going on, I received a phone call from my wife, who informed me that she would make Joanna available for visitation after all on Saturday.
5. On Saturday, DATE, during visitation with my daughter, she ran over to her mother, Jane, and asked, "Can I tell Daddy that we are going away?" Jane said "No." I asked her what this was all about. She refused to answer my
6. My fear is that because my wife has no close friends, is not friendly with other members of her family, has no job, and thus has few if no ties to keep her in the Commonwealth, she will depart from the Commonwealth with my daughter Joanna to evade having to give me physical custody of the child.
Sworn to under the pains and penalties of perjury.
ORDER THE ARREST
To the Sheriffs of our several
Counties, or their deputies in said County, GREETING:
You are hereby ordered to
she may be found in your county, and keep her in your custody until you
can bring her before this Court, at CITY, to await further order of
this Court. Hereof fail not and make due return of this Order,
description of what you have done in compliance therewith.
Input from Robert Muchnick of Center for Children's Justice, Denver, CO:
On May 21, the Colorado Supreme Court, in a child custody case, affirmed the right of the district courts of the state to issue a "writ of ne exeat" to prevent possible flight of a person from the jurisdiction.