Legal Question in Family Law in New York

Re: Taken the kids away without permission

You need an Attorney.

But, Your husband does not require "your permission" to take his and your children for a visit (or stay) with his parents; or with anyone, absent an existing Court Order preventing him from doing so.

He is Not required to "bring the children home" unless otherwise "ordered" to do so, by a Court of competent jurisdiction. Nor, are his parents required to welcome you into their household, merely because your children are there.

However, IF, anyone keeps your children away from you; and the keeping away has been unreasonably extensive (not just since the holiday or school break); their father (or the "keeper") has expressed the "intent" to continue to keep your children away from you, in violation of all your parental rights; and you have cause to believe your child/ren's health, safety or well being is threatened, you MAY have the basis for a Habeaus Corpus Petition. Which is an expedited process that can be filed in Family Court.

Good luck,

Phroska L. McAlister,ESQ

Re: Taken the kids away without permission

It would be improper for any attorney to provide you with legal advice without having first analyzed all of the facts and circumstances of your particular matter.

However, I will try to provide you with some information.

The police probably will not help you because there are currently no court orders that must be enforced. You may want to go to your local Family Court as soon as possible. In most Family Courts there is an office that can help people who do not have attorneys.

Your planned separation has no immediate bearing on the child custody issue.

I hope that this information has been helpful.