This is the next post in a series of articles discussing situations in which a Little Rock, Arkansas parent violates a custody order by refusing to return a child to their co-parent. My previous article explained why law enforcement will not typically assist a parent in this situation unless the complaining parent first obtains a signed pick-up order. Without this authorization from a judge, the police do not have the authority to enforce a civil custody order. In this article, I will explain the process one must follow to legally enforce an existing custody and visitation order on an expedited basis. An experienced family lawyer can assist you through this process. If you need help with a custody dispute or parental abduction issue, contact my office today to speak with an attorney.
Little Rock Parents may obtain a Pick-up Order on an expedited basis
As discussed in my previous article, if a parent refuses to honor a court-ordered custody or visitation arrangement, it may be necessary to take legal action to protect one’s parental rights. To begin this process, a Little Rock parent should file a motion requesting the return of the child with the family court. This motion will include an affidavit, a sworn statement from the parent, outlining the relevant facts about their co-parent’s noncompliance with the custody order. Police assistance may be necessary to retrieve a child from the other parent’s home. If so, the requesting parent will be required to obtain a pick-up order from the family court instructing law enforcement to assist them in retrieving their child. Under these circumstances, the motion to return the child will include a request for the pick-up order (authorizing police involvement). Given the urgency of the situation, the court will often entertain such motions on an “ex parte” basis. This means the judge can quickly grant such an order before the other side has been given a chance to respond.
An experienced Little Rock family attorney can assist with the pick-up order process
Parents are often surprised that the police are limited in how they can help resolve a parental abduction problem without court authorization. While this may be frustrating, it is important to remember that pick-up orders may be obtained quickly to facilitate a prompt return of the child. The court takes blatant noncompliance with custody orders and parental abduction seriously for the protection of children and their parents. Resorting to self-help rather than going through the legal process can be dangerous and adversely impact one’s parental rights. It is essential, therefore, to contact experienced counsel as soon as possible to advise on the best course of action.
I understand that these situations require prompt action by legal counsel. My firm responds to client inquiries quickly and will file the appropriate motions on your behalf. If you need assistance, contact my office to speak with a Little Rock attorney. I also serve clients in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff, and throughout the rest of Arkansas.