My son Kyler is being held unlawfully by his military father David in Hawaii. I am in California and trying to find out

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Customer: Hello, my son Kyler is being held unlawfully by his military father David in Hawaii. I am in California and trying to find out how to get my son back as soon as possible. I am wondering if there is anything in military law we should explore to seek the safe and timely return of our son.
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the case file was transferred from Ohio courts to Hawaii this month by David. David retained a lawyer this month and filed an ex parte yesterday with a hearing of 22 February. We have mediation scheduled 18 January. We have purchased a return flight for our son before all this on 4 January 2023, but his father says that he refuses to send him the 4th because he wants to complete his 4th grade homeschool program. This is the same excuse David has used to keep Kyler there since February 2022. Since then after more than 300 days of being with his father, Kyler is still not complete with a 180 day homeschooling program (BJU). Since Kyler is well overdue to return to us (current parenting plan is transition every 3 months) and we know the BJU homeschool program ends 2 January 2023, it is time for Kyler to return home by his father is keeping him from us. We want to the look into every possibility and use the full weight of the law and negotiation to get our son back and then we will deal with further court dates down the road as long as we have the rightful visitation of our son ASAP.
Answered by Stephen Loeb in 8 mins 5 months ago
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Stephen Loeb
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Stephen Loeb, Expert

Hello, welcome to JustAnswer! My name is***** will be the expert helping you today. I have been practicing law for 25 years in the Federal and State courts.

JustAnswer is the preeminent online service for information regarding your legal issues.

I am sorry you are dealing with this problem and I will try to help you.

Right now, I am in the process of reviewing your question. My goal is to provide you with a complete answer and be available for any follow up questions.

Please give me a few minutes to prepare an answer to your question and I will get back to you shortly.

Customer
Liked “Hello, welcome to JustAnswer! My name is*****…”
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Stephen Loeb, Expert

Is there a parenting plan in order?

Customer
Customer attachment 12/22/2022 10:48:45 PM
Customer
This talks about the 3 month rotation. This is the current parenting plan.
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Stephen Loeb, Expert

Please give me a few minutes to prepare an answer to your question and I will get back to you shortly.

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Stephen Loeb, Expert

The military does not typically get involved in family disputes unless it can be shown to have an effect on the military or a soldier involved on a sensitive mission.

You can file an order to show cause to enforce the parenting plan.  It would have to be done in Hawaii if that's where the father lives.

An Order to Show Cause is basically an expedited motion to the court in the county which has jurisdiction.

You would include an affidavit, which is a written statement signed and sworn in front of a notary, explaining that you are asking for a court order to grant you relief and ordering that the parenting plan be complied with. You would explain the reasons why you need judicial assistance. You would serve the Order to Show Cause on the father according to the instructions of the judge, and then a hearing would be held. The respondent would need to justify their actions. If a judge is convinced that you are correct, you will prevail.

You should consider hiring an attorney who is an expert in family law matters. Hiring a private attorney will go a long way in giving you professional representation who can look at your case, form a strategy and forward your best legal argument, It will also serve to make the judge and parties involved take your position more seriously and give you your best chance at success.

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Stephen Loeb, Expert

I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response about which you need clarification or further information? Did you have any other questions on this subject for me today?

Customer
We believe his father is holding illegally and want to know if we have a case to file a contempt action for custodial interference or something along those lines that will hold his father accountable for refusing to return our son. We are willing to explore everything and are looking for the right questions to ask to find representation. We have heard we need to file our own ex parte motion, but that doesn't help us get our son back sooner. That is what we need.More context: Our son has been in Hawaii since February 22 under the rouse that his dad needed time to work with him on homeschooling for 4th grade. Kyler did k-3 and half of 4th grade with us up to February 22, then he restarted 4th grade on the BJU homeschool system. This BJU 4th grade program expires 2 January 2023 and his dad doesn't expect to have him to be done with the 180 day program for 4th grade after having him for more than 300 days in 2022.
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Stephen Loeb, Expert

You can file a motion of contempt along with your request for failure to follow the order.

Customer
Ok thank you.
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Stephen Loeb, Expert

Thank you for using JustAnswer. I hope I can be of service to you in the future. You can request a question and mark it "For Stephen L Only." That way it will be routed to me.

Here is my link: https://www.justanswer.com/law/expert-atty4u/?rpt=3800 and I will review it for you. Additionally, if you choose to do so, you can add me to your list of “Favorite Experts.”

Additionally, feel free to use your membership by asking any questions to experts in our other forums such as Auto, Medical, Tech, Veterinary questions, and many others! Our Just Answer Professionals are here to serve you and give you fast, accurate and precise answers to all of your questions.

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Stephen Loeb, Expert

You are very welcome. Have a good evening.

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