What Happens If Your Ex is a Flight Risk? – Michigan Lawyers
What does it mean if your ex-spouse is a flight risk? Most of the time, when discussing flight risk, you are discussing criminal law. You talk about bonds. Someone is probably going to skip. By leaving, you breach the terms of the bail bond. This occurs with people who have no compelling motive to stay. Can your ex-spouse be a flight risk?
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Custody may be involved in some circumstances. One of the parents doesn’t have a job and is alone in Michigan. Nothing, in particular, keeps the co-parent in the state. Before taking action, Michigan’s courts frequently allow people to make mistakes. You have the chance to be a parent to your children. Courts do not intervene preemptively by making assumptions and acting on those assumptions. The courts will let you follow the rules as much as possible. There can be historical precedents. A parent is going missing together with the children. A co-parent could leave with the children. The parent can ask the court to prevent the child from leaving the state or country. Prevent the child from leaving without permission. The child or your ex-spouse has to ask the permission of the court or the co-parent’. Speak with your attorney if there is a flight risk.
What does flight risk mean?
Courts use the word “flight risk” to refer to a person or defendant who is most likely to leave the country or state. The assumption is that the person is trying to avoid being prosecuted for their crimes. The flight risk factor is taken into account by the courts. This is done when determining whether to release a defendant on bond. This aspect is taken into account while determining the bond amount as well. For defendants who pose a flight risk, courts may establish a larger bail sum.
Michigan has adopted a set of sentencing guidelines. The guidelines consider the seriousness of the crime and the offender’s criminal history. These considerations are insufficient to determine the release of accused criminals awaiting trial. Five studies say pretrial incarceration hurts the defendant’s case. This effect has ramifications. It will impact the defendant’s ability to maintain work, housing, and child custody.
A judge looks into various considerations listed in the Michigan Court Rules. This should be done before deciding the release of a defendant. It has to be considered before the commencement of the trial. These consist of the person’s state of mind and financial situation. This includes the employment situation, reputation, and ties to the neighborhood. The guidelines do not specify how much importance a judge should accord to any or all of these factors. Some research indicates that they might not contain all the elements. Elements that most accurately predict a person’s likelihood of leaving or engaging in new criminal behavior.
Some criminal courts have started to adopt actuarial science-based risk assessment tools. These tools seek the information most likely to anticipate a person’s risk to society. The courts use their information to assign each person a score. It indicates whether it is safe to release them. Risk assessments seek to estimate a person’s risk to society with accuracy. Courts shouldn’t place undue reliance on their outcomes. There are worries about their objectivity and accuracy. These tools try to produce individualized results by depending on statistical generalizations. They try to guarantee predictability and responsibility by relying on secret, opaque algorithms.
How do you handle an ex-spouse with a flight risk?
You may have apprehensions about letting your ex-spouse take your children on a trip. You’re not ready yet to let them have a vacation together. You’re citing flight risks as a reason. Proving flight risk can be challenging. It can be so especially if there is no history of such behavior. The real issue is how to change the custody arrangements to lessen your fear of flight risks.
Your ex-spouse’s decision to take your children on a spring break vacation is out of your control. Your ex has sole custody and departs the state or country. If your ex-spouse takes your children outside of the country, things will be different. To have their current address changed to a new one, your ex-spouse must submit a petition. This petition is open to objection. When your attorney files your objection, the court will decide whether to accept it or not. Though it might be your only choice, there might not be a better one.
The other parent must agree or a court order must be obtained. Any relocation to a home more than 100 miles away from the child’s present address is subject to this rule. One parent may want to move the child to a different state. The relocation must be approved by the judge even if it is close by. After the move, the co-parent can still show up at court sessions. As a co-parent, you can object. The court may demand judicial approval.
The Michigan state courts must receive a motion from the parent who wants to move the child. A motion may be made and supported in this way. Moving is frequently done. It’s done because of close family ties, professional obligations, or educational opportunities. You have the right to lawfully protest the move and ask for a judicial hearing. The court must consider many issues before rendering a ruling.
Here’s another thing to be cautious of. There may be a contentious custody dispute going on. It is possible to plan parental time schedules. Divorced or separated parents can reach an understanding. One of the parents may also violate it. A parent could be charged with parental kidnapping. A child is hidden and kept away from the other parent by one of the parents. It is a felony for which the punishment is either jail time or fines. Charges of parental kidnapping may be brought, and you may be found guilty. Your children may later have a different opinion of you, of course.
What are the consequences of leaving the state or country with children?
It is much more challenging to get a move approved by the court. It is especially true if both parents have joint legal custody. This is as opposed to having sole legal custody with one parent. This is because there is a custody agreement in effect between both parents. Both offer help, comfort, and necessities. The other parent’s ability to see the child will be impeded. It can happen when one parent moves to another state with the child. Without the other parent’s permission, you are not allowed to leave the state or country. If you did, you would go against the court’s directive. You run the possibility of losing your parental rights.
Consult your lawyer if you and the co-parent are unable to agree with your travel plans. It could be time to request a modification of your custody plan from the court.
Here’s something else to be on the lookout for, especially if your custody dispute was tense.
You can be accused of parental kidnapping and found guilty of it. Even if you have legal possession of your child as a parent, it might still occur. It can happen if parents divorce or separate established parenting time schedules. And one of the parents doesn’t follow it. Charges of parental kidnapping can be brought up. A parent who intends to keep and hide a child from the other parent. This can be a misdemeanor that entails paying fines or jail time.
In Michigan, parental kidnapping is a crime. It is if the prosecutor can prove the following beyond a reasonable doubt:
First, the kidnapper took the child. Or, has detained the child for more than a day.
Second, the offender intended to withhold the child from the parent or legal guardian. Legal custody or visiting rights at the time belonged to the parent or guardian. It is a person who either adopted the child or was the child’s legal guardian.
Disobeying a custody or parenting time order is a very serious offense. Parental kidnapping is also prohibited. If you are having issues with child custody or visitation, contact your lawyer right away.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.