Using a File 11 to guarantee the kids return

Houstondad · 02-05-2012, 08:33 AM

My STBXW wants to fly the kids up to see her in 2 weeks. My attorney said her and her lawyer needs to file a Rule 11 with the courts. I think it basically ensures that my kids are returned. Even though I filed for divorce recently, my STBXW hasn't signed off on the papers and returned it. And since my lawyer suggested this, it tells me he didn't include something like a Rule 11 in the paperwork he sent her?
Turns out my STBXW has just been "consulting" with a lawyer. So I talked to my lawyer on Friday and he's gonna file the Rule 11 and send it to her (via email I believe). I think she's gonna have to write down what date the kids will be returned and mail it to me since I THINK it needs to be in writing. I guess this is a short version of temporary custody? Don't know for sure. But the STBXW is gonna take this negatively anyways.

lordmayhem · 02-05-2012, 08:55 AM

Do not let your kids go up there WITHOUT some type of custody order. If she keeps them, you are screwed and there's not a damn thing that can be done about it. I'm surprised you even allowed this last time in spite of the advice given here. You were lucky that she let them come home.

Now she's consulting a lawyer. You can be assured that he's advising her things that will be in her best interest. I don't know what this File 11 is, but you need to ask your lawyer detailed questions about what it is and how it protects your rights and custody over the children.

For all you know she might be filing for custody over the children there in Wisconsin and once the kids are there, they won't be coming back for you. Granted, thats worst case scenario, but you need to assume that she will not play fair.

IMHO, you are still playing Mr Nice Guy when you let them fly up there last December, and she will take advantage of Mr Nice Guy.

Shaggy · 02-05-2012, 08:57 AM

Quote:

Originally Posted by Houstondad

My STBXW wants to fly the kids up to see her in 2 weeks. My attorney said her and her lawyer needs to file a Rule 11 with the courts. I think it basically ensures that my kids are returned. Even though I filed for divorce recently, my STBXW hasn't signed off on the papers and returned it. And since my lawyer suggested this, it tells me he didn't include something like a Rule 11 in the paperwork he sent her?
Turns out my STBXW has just been "consulting" with a lawyer. So I talked to my lawyer on Friday and he's gonna file the Rule 11 and send it to her (via email I believe). I think she's gonna have to write down what date the kids will be returned and mail it to me since I THINK it needs to be in writing. I guess this is a short version of temporary custody? Don't know for sure. But the STBXW is gonna take this negatively anyways.

Dad, are you prepared to say no to her if she doesn't sign? I ask because she's been very successful at doing just whatever she wants, and while you get upset, she does it anyway.

So you need to learn to get angry with her, and to stand up to her.

morituri · 02-05-2012, 11:03 AM

Quote:

Originally Posted by lordmayhem

Do not let your kids go up there WITHOUT some type of custody order. If she keeps them, you are screwed and there's not a damn thing that can be done about it. I'm surprised you even allowed this last time in spite of the advice given here. You were lucky that she let them come home.

Now she's consulting a lawyer. You can be assured that he's advising her things that will be in her best interest. I don't know what this File 11 is, but you need to ask your lawyer detailed questions about what it is and how it protects your rights and custody over the children.

For all you know she might be filing for custody over the children there in Wisconsin and once the kids are there, they won't be coming back for you. Granted, thats worst case scenario, but you need to assume that she will not play fair.

IMHO, you are still playing Mr Nice Guy when you let them fly up there last December, and she will take advantage of Mr Nice Guy.

You'd be a fool if you don't follow lordmayhem's advice.