The other parent might have filed or be planning to file a request to keep the child. You might not have received (been served with) a copy of any court papers yet.
Call the clerk of the court where your case is filed. Ask if the other parent has filed anything recently. Depending on your type of case and your situation, the other parent might have filed a motion, or a Petition to Change Parenting Plan.
If the other parent has filed something
Ask the clerk for a copy of what the other parent filed and try to talk to a lawyer right away. See contact info below.
If the other parent hasn’t filed anything
You should write the other parent a letter.
The letter should:
- State that the other parent is not following your parenting plan now that you are home.
- Ask that they follow your parent plan and return the child to you.
- Give the other parent a deadline by which to do this.
Make a copy of your letter. You can send it by certified mail or hand-deliver it with a witness there.
If the other parent still doesn’t return the child to you after by the deadline you gave them, you should think about filing for contempt.
Read Contempt of Court: When the other person in your case won’t follow a court order to learn more. Our File a Motion for Contempt: Family Law Cases packet has forms and instructions.
You should also try to talk to a lawyer about other options you might have.