Father seeks information on missing child; HPD reports custody dispute
By
Brandy Chandler-brandychandler@gmail.com
The Hillsboro Police Department says that an allegation of a child abduction from a Hillsboro restaurant is not a criminal matter, but rather a custody dispute between two parents, and that the HPD does not consider it a missing child case. However, the attorney representing the child's father alleges they believe the child is in danger, and are working through the court and with Ross County law enforcement to find her.
Sgt. Ron Priest, of the HPD, provided a written history this week of the alleged incident for Hillsboro Safety and Service Director Richard Giroux.
The incident has received a considerable amount of attention on Facebook, with area residents concerned that a local child is missing or possibly in danger and questioning why an Amber Alert had not been issued. Priest said that the child is in the custody of a parent, and when she took the child, "she had a legal right to do so," and the child is therefore not considered a missing child.
The child's father is being represented by Wilmington attorney Anthony Baker. Baker told the Highland County Press Thursday that they have sought court orders to have the child returned to the father.
Priest wrote that an area man and woman "were separated and having a dispute concerning (their) child. On Jan. 4, (the mother) came to the PD and stated that (the father) was hiding (the child) from her and wanted assistance locating her. She advised both parents had custody, and no court had issued a custody order. I told her that we would not get involved unless the child was found not in the possession of either parent, then the parent who was present would take the child."
The Highland County Press has chosen not to name the couple, as there is currently no criminal investigation or charges.
"On Jan. 9, it appears (the former couple) agreed to meet (in Hillsboro), at which time (the mother) took the child and left the city of Hillsboro, supposedly to a location in Ross County," Priest wrote. "At that time (the father) told officers he had custody of the child but presented no paperwork. He was told this department could not get involved because both parents had a right to the child. On Jan. 10, (the father) acquired a temporary ex parte custody order from the Highland County Common Pleas Court, Division of Domestic Relations. After getting the order, (the father) contacted the HPD wanting to file kidnapping charges on (the mother). He also has contacted the National Center for Missing and Exploited Children, attempting to pressure this department to enter the child as missing. All parties have been told, on several occasions, that at the time the mother took the child from the father on Jan. 9, she had a legal right to do so."
The Hillsboro Police Department says that an allegation of a child abduction from a Hillsboro restaurant is not a criminal matter, but rather a custody dispute between two parents, and that the HPD does not consider it a missing child case. However, the attorney representing the child's father alleges they believe the child is in danger, and are working through the court and with Ross County law enforcement to find her.
Sgt. Ron Priest, of the HPD, provided a written history this week of the alleged incident for Hillsboro Safety and Service Director Richard Giroux.
The incident has received a considerable amount of attention on Facebook, with area residents concerned that a local child is missing or possibly in danger.
Priest said that the child is in the custody of a parent, and when she took the child, "she had a legal right to do so," and the child is therefore not considered a missing child by the HPD.
Priest said that the child is in the custody of a parent, and when she took the child, "she had a legal right to do so," and the child is therefore not considered a missing child by the HPD.
The child's father is being represented by Wilmington attorney Anthony Baker. Baker told The Highland County Press that they have sought court orders to have the child returned to the father.
The father said he appreciates everyone's concerns and the efforts of local law enforcement.
The father said he appreciates everyone's concerns and the efforts of local law enforcement.
Priest wrote that an area man and woman "were separated and having a dispute concerning (their) child. On Jan. 4, (the mother) came to the PD and stated that (the father) was hiding (the child) from her and wanted assistance locating her. She advised both parents had custody, and no court had issued a custody order. I told her that we would not get involved unless the child was found not in the possession of either parent, then the parent who was present would take the child."
The Highland County Press has chosen not to name the couple, as there is currently no criminal investigation or charges.
"On Jan. 9, it appears (the former couple) agreed to meet (in Hillsboro), at which time (the mother) took the child and left the city of Hillsboro, supposedly to a location in Ross County," Priest wrote.
"At that time (the father) told officers he had custody of the child but presented no paperwork. He was told this department could not get involved because both parents had a right to the child.
"On Jan. 10, (the father) acquired a temporary ex parte custody order from the Highland County Common Pleas Court, Division of Domestic Relations. After getting the order, (the father) contacted the HPD wanting to file kidnapping charges on (the mother). He also has contacted the National Center for Missing and Exploited Children, attempting to pressure this department to enter the child as missing. All parties have been told, on several occasions, that at the time the mother took the child from the father on Jan. 9, she had a legal right to do so."
[[In-content Ad]]"At that time (the father) told officers he had custody of the child but presented no paperwork. He was told this department could not get involved because both parents had a right to the child.
"On Jan. 10, (the father) acquired a temporary ex parte custody order from the Highland County Common Pleas Court, Division of Domestic Relations. After getting the order, (the father) contacted the HPD wanting to file kidnapping charges on (the mother). He also has contacted the National Center for Missing and Exploited Children, attempting to pressure this department to enter the child as missing. All parties have been told, on several occasions, that at the time the mother took the child from the father on Jan. 9, she had a legal right to do so."
Priest said that if law enforcement is to be involved further, it needs to be the department in the jurisdiction where the child is presently located.
Baker said that they have written to the restaurant to ask for security footage of the day in question, and they are working with Ross County law enforcement.
"Attempts have been made through the Ross County Sheriff's Department to enforce the court's order," Baker said, but they have been unable to locate the child or mother. "As far as what we have done since (Jan. 9), we have gone through all legal channels to get both the temporary ex parte order issues so that the child will be returned to (the father) and to schedule and emergency hearings. Subsequent to the events on the 9th, he has had his own application for a civil protection order, due to be held Jan. 27."
Baker said that attempts have been made to contact the mother, but they have been unable to locate her or the child.
"We would never have filed for a temporary ex parte order had we not believed the child was in danger," Baker said. "We have to track the mother down to serve her with all of this. As of today's date, that has been impossible to do. We have to serve her with process, whether that's through certified mail, the Ross County Sheriff's Office - as we believe (Ross County) is where she is staying; or through a process server, which is our next move, which is basically someone to hunt her down. We are doing all that we can to find the child."
Priest wrote that, "They have been told there is no evidence that the child is or has been in the city of Hillsboro since the ex parte custody order. All parties have been told that (the father) needs to go to the jurisdiction where the child is located and pursue action through law enforcement at that location. In this case, it appears to be the Ross County Sheriff's Department. The Hillsboro Police Department has no authority under law to go into another county in this state and to enforce an order that was not in place when the child was legally removed from Hillsboro. I hope this clarifies the situation and explains why my department is unable to act upon this situation. As the facts currently stand, the mother had the legal right to child at the time the HPD had jurisdiction."
Anyone with information on the matter can contact the HPD at (937) 393-3411, or the Bryant Law office at (937) 382-7777.
Priest said that if law enforcement is to be involved further, it needs to be the department in the jurisdiction where the child is presently located.
Baker said that they have written to the restaurant to ask for security footage of the day in question, and they are working with Ross County law enforcement.
"Attempts have been made through the Ross County Sheriff's Department to enforce the court's order," Baker said, but they have been unable to locate the child or mother.
"As far as what we have done since (Jan. 9), we have gone through all legal channels to get both the temporary ex parte order issued so that the child will be returned to (the father) and to schedule and emergency hearings. Subsequent to the events on the 9th, he has had his own application for a civil protection order, due to be held Jan. 27."
"As far as what we have done since (Jan. 9), we have gone through all legal channels to get both the temporary ex parte order issued so that the child will be returned to (the father) and to schedule and emergency hearings. Subsequent to the events on the 9th, he has had his own application for a civil protection order, due to be held Jan. 27."
Baker said that attempts have been made to contact the mother, but they have been unable to locate her or the child.
"We would never have filed for a temporary ex parte order had we not believed the child was in danger," Baker said. "We have to track the mother down to serve her with all of this. As of today's date, that has been impossible to do. We have to serve her with process, whether that's through certified mail, the Ross County Sheriff's Office - as we believe (Ross County) is where she is staying; or through a process server, which is our next move, which is basically someone to hunt her down. We are doing all that we can to find the child."
Priest wrote that, "They have been told there is no evidence that the child is or has been in the city of Hillsboro since the ex parte custody order. All parties have been told that (the father) needs to go to the jurisdiction where the child is located and pursue action through law enforcement at that location. In this case, it appears to be the Ross County Sheriff's Department. The Hillsboro Police Department has no authority under law to go into another county in this state and to enforce an order that was not in place when the child was legally removed from Hillsboro. I hope this clarifies the situation and explains why my department is unable to act upon this situation. As the facts currently stand, the mother had the legal right to child at the time the HPD had jurisdiction."
Anyone with information on the matter can contact the HPD at (937) 393-3411, the Ross County Sheriff's Office at (740) 773-1186 or the Bryant Law office at (937) 382-7777.